CFIUS Approval

CFIUS Approval. Following a CFIUS Filing with respect to a Potential CFIUS Transaction, the applicable Investor and the Company shall have received written notice from CFIUS stating that: (i) CFIUS has concluded that the Potential CFIUS Transaction is not a "covered transaction" and not subject to review under the DPA; (ii) CFIUS has completed an assessment of the Mandatory Declaration or a review or investigation of the Potential CFIUS Transaction based on a CFIUS Notice and has concluded all action under the... DPA; or (iii) CFIUS has sent a report to the President of the United States (the "President") requesting the President's decision and either (A) the President has announced a decision not to take any action to suspend, prohibit or place any limitations on the Potential CFIUS Transaction or (B) the President has not announced a decision to take any action to suspend or prohibit the Potential CFIUS Transaction within fifteen (15) days after the earlier of (x) the date upon which CFIUS has completed its investigation of the Potential CFIUS Transaction or (y) the date on which CFIUS has referred the Potential CFIUS Transaction to the President for action. View More

CFIUS Approval. Means any of the following: (i) CFIUS shall have provided notice to the Issuer and the Original Warrantholder to the effect that a review or investigation of the Transactions has been concluded, and that a determination has been made that there are no unresolved U.S. national security concerns; (ii) CFIUS shall have provided notice to the Issuer and the Original Warrantholder to the effect that a review or investigation of the Transactions has been concluded, and that a determination has been... made that mitigation efforts are necessary to resolve the U.S. national security concerns of CFIUS and the Domestic Borrower and the Original Warrantholder shall have agreed on such mitigation efforts and entered into such agreements that permit CFIUS to confirm that there are no unresolved U.S. national security concerns or (iii) the period of time for any applicable review process by CFIUS and any subsequent Presidential decision whether to take action under Exon-Florio shall have expired, and the President of the United States shall not have taken action to block or prevent the consummation of the Transactions under Exon-Florio on the basis that they threaten to impair the national security of the United States or otherwise. View More

CFIUS Approval. Means (a) CFIUS has concluded that the Conversion is not a "covered transaction" and not subject to review under Section 721 of the Defense Production Act of 1950, as amended (50 U.S.C. §4565), and all rules and regulations issued and effective thereunder (the "DPA"), (b) CFIUS has issued a written notice that it has completed a review or investigation of the notification voluntarily provided pursuant to the DPA with respect to the Conversion, and has concluded all action under the DPA or (c)... if CFIUS has sent a report to the President of the United States requesting the President's decision and (i) the President has announced a decision not to take any action to suspend or prohibit the Conversion or (ii) having received a report from CFIUS requesting the President's decision, the President has not taken any action after fifteen (15) days from the earlier of the date the President received such report from CFIUS or the end of the investigation period. View More