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Skadden indicated that "force-the-vote" provisions are unacceptable to the Special Committee as they critically impair the Special Committee’s control over the sale process. At the same assembly, representatives of Skadden reported to the Special Committee that it had acquired a draft Merger Agreement and discussed with the Special Committee the key points raised within the initial draft Merger Agreement acquired from Simpson Thacher, and supplied recommendations relating to the position to be taken by the Special Committee. Promptly following the date hereof, the Company, with the assist of Holdco, Parent and Merger Sub, shall put together and cause to be filed with the SEC a proxy statement regarding the approval of this Agreement, the Plan of Merger and the Transactions by the shareholders of the Company, including the Merger (such proxy statement, as amended or supplemented, being referred to herein because the "Proxy Statement"). Subject to and without limiting the rights of the Special Committee and the Company Board to effect a Change in Company Recommendation pursuant to and in accordance with Section 6.04, the Proxy Statement shall include the Company Recommendatio

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