This excerpt taken from the EYE 10-Q filed Aug 9, 2006.
9. Special Provisions for Merger Transactions. Notwithstanding anything to the contrary herein or in the Equity Definitions,
(a) Counterparty shall notify GS&Co. of any Merger Transaction upon the earlier to occur of (x) the public announcement (as defined in Rule 165(f) under the Securities Act of 1933, as amended) of such Merger Transaction or (y) the time immediately prior to the opening of trading in Shares on any day during which such public announcement occurs prior to the close of trading in the Shares.