Common use of CFIUS Approval Clause in Contracts

CFIUS Approval. (i) The Parties shall have received written notice from CFIUS stating that: (A) CFIUS has concluded that the consummation of the Merger and the other transactions contemplated by this Agreement, as contemplated by this Agreement, are not a “covered transactions” and not subject to review under the DPA; or (B) CFIUS has concluded a review or investigation of the notification voluntarily provided pursuant to the DPA with respect to the Merger and the other transactions contemplated by this Agreement and has concluded that there are no unresolved national security concerns, and has therefore terminated all action under the DPA; or (ii) if CFIUS has sent a report to the President of the United States (the “President”) requesting the President’s decision, then (1) the President has announced a decision not to take any action to suspend or prohibit the Merger or the other transactions contemplated by this Agreement, or (2) having received a report from CFIUS requesting the President’s decision, the President has not taken any action to suspend or prohibit the Merger or the other transactions contemplated by this Agreement after 15 days from the date the President received such report from CFIUS (“CFIUS Approval”).

CFIUS Approval. CFIUS shall have (i) The Parties shall have received provided a written notice from CFIUS stating that: (A) CFIUS that it has determined that it has concluded that the consummation of the Merger action and the other transactions contemplated by this Agreement, as contemplated by this Agreement, are not a “covered transactions” and not subject to review under the DPA; or (B) CFIUS has concluded a review or investigation of the notification voluntarily provided pursuant to the DPA with respect to the Merger and the other transactions contemplated by this Agreement and has concluded that there are no unresolved national security concernsconcerns with respect to the Contemplated Transactions, (ii) indicated that CFIUS is not able to conclude action under Section 721 with respect to the Contemplated Transactions on the basis of a declaration but has not requested the submission of a joint voluntary notice, and Parent has therefore terminated all action under the DPA; determined not to submit a joint voluntary notice with CFIUS pursuant to Section 721, or (iiiii) if CFIUS has sent a report to the President of the United States (the “President”) requesting the President’s decisiondecision with respect to the transactions contemplated by this Agreement, then (1A) the President has shall have announced a decision not to take any action to suspend or prohibit the Merger or the other transactions contemplated by this Agreement, Agreement or (2B) having received a report from CFIUS requesting the President’s decision, the President has shall not have taken any action to suspend or prohibit the Merger or the other transactions contemplated by this Agreement after 15 fifteen (15) days from the date the President received such report from CFIUS (“CFIUS Approval”).