definiens: as defined in Section 47 - 33 - 3 of the SDBCA during thepast four years, such approval constitutes approval of the Merger and the other transactions contemplated by thisAgreement and the VeraSun Shareholders Agreement by the Board of Directors of VeraSun under the provisions ofSection 47 - 33 - 17 of the SDBCA and represents all the action necessary to ensure that the restrictions on ( as defined in such Section 47 - 33 - 3 ) contained in Section 47 - 33 - 17 do not 34apply to US BioEnergy in connection with the Merger and the other transactions contemplated by this Agreement andthe VeraSun Shareholders Agreement . To the Knowledge of VeraSun, no other state takeover statute or similarstatute or regulation is applicable to this Agreement, the VeraSun Shareholders Agreement, the Merger or the othertransactions contemplated by this Agreement and the VeraSun Shareholders Agreement