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EFTA01369905

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outstanding issues at this time included, among other things. (a) whether Mobileye would grant Purchaser a strategic investment option to purchase up to 15% of the shares of Mobileye. (b) whether Mobileye's Board would be entitled to terminate the Purchase Agreement in order to enter into an alternative acquisition agreement with respect to a superior proposal. (c) the "tail" period under the Tender and Support Agreements after termination of the Purchase Agreement. during which the signatories of the Tender and Support Agreements would continue to be bound by certain provisions of such agreements. (d) which of Mobileye's insiders would be required to enter into Tender and Support Agreements. (e) the definition of "Company Material Adverse Effect" and the related Offer Conditions, (f) Intel's level of required effort in order to obtain regulatory approvals, and (g) Mobileye's request for reverse termination compensation. and Intel's request for termination compensation. and the circumstances under which these amounts would become payable. From February 16. 2017 to February 18. 2017. representatives of Intel's management. Skadden and Houthoff met with representatives of Mobileye's management and Morrison & Foerster at the New York offices of Skadden to continue to discuss the remaining outstanding issues between the parties and several open due diligence items. Such discussions confirmed that there remained significant gaps between the parties. including with respect to (a) Intel's request for a strategic investment option to purchase up to 15% of the Share; of Mobileye. (b) the termination triggers for the Tender and Support Agreements requested by Intel. (c) the definition of "Company Material Adverse Effect," (d) the triggers for the payment of termination compensation by Mobileye. and (e) the treatment of Mobileye Options and Mobileye RSUs. On February 20. 2017. representatives of Intel's management provided an update to the Intel Board which i

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