American Surgical Holdings (fka ASRG)

[junewong]

Bet this is the holdup !!

By Parent if (A) the Company settles any stockholder litigation against the Company or its

directors relating to the transactions contemplated by the merger agreement without Parent’s

prior written consent and (B) such settlement either (i) is not covered by the Company’s

insurance policy (or such coverage is denied by the applicable insurance carrier), (ii) does

not involve only the payment of monetary damages, or (iii) involves only the payment of

money damages, but such payment is in excess of the policy limits under such insurance

policy.