Common use of Limitation on Repurchases Clause in Contracts

Limitation on Repurchases. The Company shall not take any action, including any repurchases, redemption or retirement of its Common Stock or other securities, that would cause any of the Shares to become Excess Shares as defined in the Company’s Articles of Incorporation, as amended from time to time, without the Purchaser given the right to sell such Excess Shares to the Company at a price per share equal to the thirty (30) day volume weighted average price as of the day immediately prior to the Shares becoming Excess Shares.