Under the 2017 Plan, a change in control is defined to include (1) the acquisition by any person or company of
more than 50 % of the combined
voting power of our then outstanding stock, (2) a merger, consolidation, or similar transaction in which our stockholders immediately before the transaction do not own, directly or indirectly,
more than 50 % of the combined
voting power of the surviving entity (or the parent of the surviving entity), (3) a sale, lease, exclusive license, or other disposition of all or
substantially all of our assets other than to an entity
more than 50 % of the combined
voting power of which is owned by our stockholders, and (4) an unapproved change in the majority of the board of directors.
One can argue that if the Republicans had a united support then, while that is insufficient to invoke cloture, with a few vulnerable democratic senators likely to join the
vote to invoke cloture the pressure would be
substantially elevated on Democrats to provide a few
more votes to proceed, lest they be easily branded as «at fault».