Common use of Alternative Structures Clause in Contracts

Alternative Structures. The parties agree to reasonably cooperate in the consideration and implementation of alternative structures to effect the business combination contemplated by this Agreement, including without limitation, by merging Frontier with and into Merger Sub, or by merging Frontier into ▇▇▇▇▇, as long as such alternative structure does not (i) impose any material delay on, or condition to, the consummation of the Merger, (ii) cause any closing condition set forth in Article 6 not to be capable of being fulfilled (unless duly waived by the party entitled to the benefits thereof) or (iii) adversely affect any of the parties hereto or either Holly’s or Frontier’s stockholders; provided, however, that the fact that a direct merger of Frontier into ▇▇▇▇▇ would require the approval of a majority of the holders of outstanding shares of ▇▇▇▇▇ Common Stock shall not be deemed to have the effect of (i), (ii) or (iii) above.