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Which of the following statements is most correct: a. The acquistion agreement for Forescout to acquire a Ferarri sub included an explicit Material Adverse Effect
Which of the following statements is most correct:
a. The acquistion agreement for Forescout to acquire a Ferarri sub included an explicit Material Adverse Effect clause which allows a Party to exit the Merger Agreement if certain conditions are satisfied. The Agreement between Musk and Twitter appears not to has such a clause insofar as Twitter's July 10, 2022 letter to Musk cites breach of sections 6.3,6.8 and 6.10 and does not repudiate any claim of breaching a Material Adverse Effect clause. If the Agreement had such a clause, Twitter's letter most likely would have mentioned it and sought to repudiate it. b. Elon Musk's acquisition of Twitter cannot be reviewed by CFIUS because Musk is a US citizen. CFIUS can only review acquisitions by foreign entities. c. The Decisions by Independent Regulatory Commissions, which are sometimes referred to as the 4th Branch of Government, are always reviewable by the President of the United States and can be unilaterally changed during that review process if the President deems it necessary and appropriate. d. Cryptocurrencies presently make up a large part of Reserve Currencies in many countriesStep by Step Solution
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