On January 9, 2025, the Outside Date of the consummation of the Merger was extended pursuant to the terms of the Merger Agreement to April 9, 2025. If any of the closing conditions, including the resolution of the DOJ Action, are not satisfied or waived prior to April 9, 2025, which deadline Outside Date may be automatically extended further to October 9, 2025, under certain circumstances, it is possible that the Merger Agreement will be terminated.
We cannot provide any assurance that we or HPE will be successful in defending against or settling the DOJ Action or that the Merger will be consummated by any particular time, if at all, In addition, even if we and HPE enter into a settlement with respect to the DOJ Action, there can be no assurance that we and/or HPE will not be required to agree to terms, conditions, requirements, limitations, costs, or restrictions that could further delay completion of the Merger, impose additional material costs on or limit the revenues of the combined company, or limit some of the synergies and other benefits we presently anticipate to realize following the Merger. We cannot provide any assurance that any such terms, conditions, requirements, limitations, costs, or restrictions will not result in a material delay in, or the abandonment of, the Merger. If the DOJ is successful in permanently enjoining the Merger, or if another event occurs delaying or preventing the Merger, such delay or failure to complete the Merger may create uncertainty or otherwise have negative consequences that may materially and adversely affect our business, our financial condition, and our results of operations.