Consummation of the Transfer. Notwithstanding anything in this Agreement to the contrary, if the number of shares of Acquirer Common Stock that can be issued by Acquirer or purchased by Steel Partners is limited or adjusted pursuant to the terms of this Agreement and Transferor is advised that the transactions contemplated by this Agreement will not result in Steel Partners and its Affiliates having “control” (within the meaning Section 304(c) of the Code) of Acquirer, the Transferor may, in its sole and absolute discretion, elect not to undertake the Transfer.
Appears in 2 contracts
Sources: Share Acquisition Agreement (Steel Partners Holdings L.P.), Share Acquisition Agreement (Steel Excel Inc.)