Common use of Discretion of CSI Clause in Contracts

Discretion of CSI. No Newco shall commence or consummate an IPO ----------------- without the approval of CSI and all terms, including the timing of, an IPO shall be subject to CSI's approval. CSI shall, in its sole and absolute discretion, determine whether to consummate a Distribution with respect to any Newco and the terms and conditions of any such Distribution. The parties acknowledge that (i) CSI is not obligated to complete any such IPO or Distribution and will only implement any such transaction if the Board of Directors of CSI continues to believe that it is in the best interest of CSI, CSI's stockholders and the Newcos and (ii) CSI may pursue other strategic alternatives in lieu of an IPO and/or Distribution with respect to any Newco.

Appears in 3 contracts

Samples: Transformation Agreement (Aprisma Management Technologies Inc), Transformation Agreement (Cabletron Systems Inc), Transformation Agreement (Cabletron Systems Inc)

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Discretion of CSI. No Newco shall commence or consummate an IPO ----------------- without the approval of CSI and all terms, including the timing of, an IPO shall be subject to CSI's approval. CSI shall, in its sole and absolute discretion, determine whether to consummate a Distribution with respect to any Newco and the terms and conditions of any such Distribution. The parties acknowledge that (i) CSI is not obligated to complete any such IPO or Distribution and will only implement any such transaction if the Board of Directors of CSI continues to believe that it is in the best interest of CSI, CSI's stockholders and the Newcos and (ii) CSI may pursue other strategic alternatives in lieu of an IPO and/or Distribution with respect to any Newco.

Appears in 1 contract

Samples: Transformation Agreement (Riverstone Networks Inc)

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