definiens: as defined in Section 47 - 33 - 3 of theSDBCA during the past four years, such approval constitutes approval of the Merger and the other transactionscontemplated by this Agreement and the US BioEnergy Shareholders Agreement by the Board of Directors of USBioEnergy under the provisions of Section 47 - 33 - 17 of the SDBCA and represents all the action necessary to ensurethat the restrictions on ( as defined in such Section 47 - 33 - 3 ) contained in Section 47 - 33 - 17 donot apply to VeraSun in connection with the Merger and the other transactions contemplated by this Agreement andthe US BioEnergy Shareholders Agreement . To the Knowledge of US BioEnergy, no other state takeover statute orsimilar statute or regulation is applicable to this Agreement, the US BioEnergy Shareholders Agreement, the Merger orthe other transactions contemplated by this Agreement and the US BioEnergy Shareholders Agreement