This excerpt taken from the EYE 10-Q filed Aug 9, 2006.
Merger Transaction means any merger, acquisition or similar transaction involving a recapitalization as contemplated by Rule 10b-18(a)(13)(iv) under the Exchange Act.
10. Acknowledgments. The parties hereto intend for:
(a) Each Transaction to be a securities contract as defined in Section 741(7) of the U.S. Bankruptcy Code (Title 11 of the United States Code) (the Bankruptcy Code), a swap agreement as defined in Section 101(53B) of the Bankruptcy Code, or a forward contract as defined in Section 101(25) of the Bankruptcy Code, and the parties hereto to be entitled to the protections afforded by, among other Sections, Sections 362(b)(6), 362(b)(17), 362(b)(27), 555, 556, 560 and 561 of the Bankruptcy Code;