{'index': 2, 'text': 'Section 6.3.    Solicitation. <omitted> (c)    Notwithstanding the limitations set forth in Section 6.3(a), if the Company receives, prior to obtaining the Company Stockholder Approval, a bona fide written Acquisition Proposal that did not result from a breach of Section 6.3(a), which the Company Board of Directors determines in good faith (i) after consultation with the Companyâ€™s outside legal counsel and financial advisors constitutes a Superior Proposal or is reasonably expected to lead to a Superior Proposal and (ii) after consultation with the Companyâ€™s outside legal counsel, that the failure to take such action would be reasonably likely to constitute a breach of the directorsâ€™ fiduciary duties under applicable Law, then the Company may take the following actions: (x) furnish information (including nonpublic information) with respect to the Company to the Person making such Acquisition Proposal (and its Representatives), if, and only if, prior to so furnishing any nonpublic information, the Company receives from such Person an executed Acceptable Confidentiality Agreement and the Company also provides Parent, prior to or substantially concurrently with the time such nonpublic information is provided or made available to such Person or its Representatives, any information furnished to such other Person or its Representatives that was not previously furnished to Parent, and (y) engage in discussions or negotiations with such Person (and its Representatives) with respect to such Acquisition Proposal. (Page 56)'}
Instruction: Read the segment of a merger agreement and answer the multiple-choice question by choosing the option that best characterizes the agreement.
Question: Under what circumstances could the Board take actions on a different acquisition proposal notwithstanding the no-shop provision?
Option A: If failure to take actions would lead to "breach" of fiduciary duties
Option B: If failure to take actions would be "inconsistent" with fiduciary duties
Option C: If failure to take actions would lead to "reasonably likely/expected breach" of fiduciary duties
Option D: If failure to take actions would lead to "reasonably likely/expected to be inconsistent" with fiduciary duties
Option E: If failure to take actions would lead to "reasonably likely/expected violation" of fiduciary duties
Option F: If taking such actions is "required to comply" with fiduciary duties
Option G: If failure to take actions would lead to "violation" of fiduciary duties
Option H: Under no circumstances could the Board do so.
Option I: Other circumstances

Merger Agreement: Section 5.4 No Company Solicitation. <omitted> (b) Notwithstanding anything in Section 5.4(a) to the contrary, until the Company Stockholder Approval is obtained, if the Company receives a bona fide written Alternative Acquisition Proposal made after the date hereof that does not result from a material breach of this Section 5.4, and the Company Board determines in good faith (after consultation with outside legal counsel and a nationally recognized financial advisor) that such Alternative Acquisition Proposal is, or could reasonably be expected to lead to, a Superior Acquisition Proposal, (i) the Company may negotiate and enter into an Acceptable Confidentiality Agreement with the Person making such Alternative Acquisition Proposal; provided, that the Company shall promptly (and in no event later than twenty-four (24) hours after execution thereof) deliver a copy of such Acceptable Confidentiality Agreement to Parent, (ii) following entry into such Acceptable Confidentiality Agreement by the Company, the Company and its Representatives may provide information (including nonpublic information) subject to such executed Acceptable Confidentiality Agreement; provided, that any nonpublic information provided to such Person, including if posted to an electronic data room, shall be provided to Parent prior to or substantially concurrently with the time it is provided to such Person, and (iii) the Company and its Representatives may engage in discussion or negotiations for such Alternative Acquisition Proposal with such Person and its Representatives. (Page 59)
Answer: H

Merger Agreement: {{text}}
Answer:
Instruction: Read the segment of a merger agreement and answer the multiple-choice question by choosing the option that best characterizes the agreement.
Question: Under what circumstances could the Board take actions on a different acquisition proposal notwithstanding the no-shop provision?
Option A: If failure to take actions would lead to "breach" of fiduciary duties
Option B: If failure to take actions would be "inconsistent" with fiduciary duties
Option C: If failure to take actions would lead to "reasonably likely/expected breach" of fiduciary duties
Option D: If failure to take actions would lead to "reasonably likely/expected to be inconsistent" with fiduciary duties
Option E: If failure to take actions would lead to "reasonably likely/expected violation" of fiduciary duties
Option F: If taking such actions is "required to comply" with fiduciary duties
Option G: If failure to take actions would lead to "violation" of fiduciary duties
Option H: Under no circumstances could the Board do so.
Option I: Other circumstances
Merger Agreement: Section 6.3.    Solicitation. <omitted> (c)    Notwithstanding the limitations set forth in Section 6.3(a), if the Company receives, prior to obtaining the Company Stockholder Approval, a bona fide written Acquisition Proposal that did not result from a breach of Section 6.3(a), which the Company Board of Directors determines in good faith (i) after consultation with the Companyâ€™s outside legal counsel and financial advisors constitutes a Superior Proposal or is reasonably expected to lead to a Superior Proposal and (ii) after consultation with the Companyâ€™s outside legal counsel, that the failure to take such action would be reasonably likely to constitute a breach of the directorsâ€™ fiduciary duties under applicable Law, then the Company may take the following actions: (x) furnish information (including nonpublic information) with respect to the Company to the Person making such Acquisition Proposal (and its Representatives), if, and only if, prior to so furnishing any nonpublic information, the Company receives from such Person an executed Acceptable Confidentiality Agreement and the Company also provides Parent, prior to or substantially concurrently with the time such nonpublic information is provided or made available to such Person or its Representatives, any information furnished to such other Person or its Representatives that was not previously furnished to Parent, and (y) engage in discussions or negotiations with such Person (and its Representatives) with respect to such Acquisition Proposal. (Page 56)
Answer: