Common use of Purchase by the Company Clause in Contracts

Purchase by the Company. Upon the termination of the Founder’s Business Relationship, the Founder shall sell to the Company (or the Company’s assignee) all Unvested Shares in accordance with the procedures set forth below, unless the Board of Directors determine within 120 days following such termination not to purchase the Unvested Shares. The price (the “Original Repurchase Price”) at which the Company may purchase any Unvested Shares (the purchased Unvested Shares being referred to as “Repurchased Unvested Shares”) shall be the Repurchase Price per Share set forth on the cover page of this Agreement (subject to adjustment as herein provided). Such sale shall be effected by the delivery by the Escrow Holder (as defined below) to the Company of a certificate or certificates evidencing the Repurchased Unvested Shares, each duly endorsed for transfer to the Company. Within 120 days following receipt thereof, the Company shall mail a check for the Original Repurchase Price to the Founder or shall cancel indebtedness owed to the Company by the Founder by written notice mailed to the Founder, or both. Upon the mailing of a check in payment of the purchase price in accordance with the terms hereof or cancellation of indebtedness as aforesaid, the Company shall become the legal and beneficial owner of the Unvested Shares being repurchased and all rights and interests therein or relating thereto, and the Company shall have the right to retain and transfer to its own name or cancel the number of Unvested Shares being repurchased by the Company.

Purchase by the Company. Upon (a) In the termination of event that this Agreement terminates at such time as there are then any Unvested Shares or in the Founderevent that there are Unvested Shares upon the Purchaser’s Business Relationshipdeath, the Founder Purchaser shall sell forfeit all of his Unvested Shares and transfer them to the Company (or in exchange for payment to him of the Company’s assignee) all Unvested Shares in accordance with the procedures set forth below, unless the Board of Directors determine within 120 days following such termination not to purchase the Unvested SharesRepurchase Price. The purchase price (the “Original Repurchase Price”) at which the Company may purchase any Unvested of such Shares (the purchased Unvested Shares being referred to as “Repurchased Unvested Shares”) shall be the Repurchase Price per Share set forth on the cover page of this Agreement original purchase price (subject to adjustment for stock splits and the like as herein provided). The Company may at any time waive its repurchase right in writing. (b) The sale of the Repurchased Shares shall take place automatically on the tenth day following the termination of this Agreement. Such sale shall be effected by the delivery by the Escrow Holder Holder's (as defined below) delivery to the Company of a certificate or certificates evidencing the Repurchased Unvested Shares, each duly endorsed for transfer to the Company. Within 120 days following receipt thereof, against payment to the Purchaser by the Company shall mail a check for of the Original Repurchase Price to the Founder or shall cancel indebtedness owed to the Company by the Founder by written notice check mailed to the Founder, or bothPurchaser. Upon the mailing of a check in payment of the purchase price in accordance with the terms hereof or cancellation of indebtedness as aforesaidThereupon, the Company shall become the legal and beneficial owner of the Unvested Repurchased Shares being repurchased and all rights and interests therein or relating thereto, and the Company shall have the right to retain and transfer to its own name or cancel the number of Unvested Shares being repurchased by the CompanyCompany without further action by the Purchaser. (c) If the Company terminates its current Regulation A offering without a closing or disbursement of any funds to Company (a “Qualifying Termination”), the Company shall have the option, but not the obligation, given by written notice (the “Repurchase Notice”) to Purchaser at least 90 days but no more than 120 days after the Qualifying Termination, to purchase all of Purchaser’s then Unvested Shares and transfer them to the Company against payment to him of the Subsection (c) Repurchase Price, as defined below, but only if a Fundamental Event shall not have occurred. A “Fundamental Event” means:

Purchase by the Company. Upon at the termination Option of the Founder’s Business RelationshipHolder on a Repurchase Date. Subject to the terms and conditions of the Indenture, the Founder Company shall sell become obligated to repurchase, at the option of the Holder, all or any portion of the Notes held by such Holder on June 15, 2014, (the “Repurchase Date”) in integral multiples of $1,000 at a repurchase price equal to 100% of the principal amount of those Notes plus accrued and unpaid interest (including Additional Interest, if any) to, but excluding, such Repurchase Date (the “Repurchase Price”). Holders have the right to withdraw any Repurchase Notice by delivering to the Company (or the Company’s assignee) all Unvested Shares Paying Agent a written notice of withdrawal in accordance with the procedures set forth below, unless the Board of Directors determine within 120 days following such termination not to purchase the Unvested Shares. The price (the “Original Repurchase Price”) at which the Company may purchase any Unvested Shares (the purchased Unvested Shares being referred to as “Repurchased Unvested Shares”) shall be the Repurchase Price per Share set forth on the cover page of this Agreement (subject to adjustment as herein provided). Such sale shall be effected by the delivery by the Escrow Holder (as defined below) to the Company of a certificate or certificates evidencing the Repurchased Unvested Shares, each duly endorsed for transfer to the Company. Within 120 days following receipt thereof, the Company shall mail a check for the Original Repurchase Price to the Founder or shall cancel indebtedness owed to the Company by the Founder by written notice mailed to the Founder, or both. Upon the mailing of a check in payment provisions of the purchase price Indenture. If the Paying Agent holds, in accordance with the terms hereof or cancellation of indebtedness as aforesaidthe Indenture, at 11:00 A.M., New York City time, on the first Business Day following the Repurchase Date, cash sufficient to pay the Repurchase Price of any Notes for which a Repurchase Notice has been tendered and not withdrawn, then on and after such date, the Company Notes shall become cease to be outstanding and any interest (including Additional Interest, if any) shall cease to accrue on such Notes or portions thereof, whether or not book-entry transfer of such Notes have been made or such Notes are delivered to the legal and beneficial owner of the Unvested Shares being repurchased and all rights and interests therein or relating theretoPaying Agent, and the Company Holder thereof shall have no other rights as such (other than the right to retain and transfer to its own name or cancel receive the number Repurchase Price upon surrender of Unvested Shares being such Note). Notes in denominations larger than $2,000 of principal amount may be repurchased by the Companyin part but only in integral multiples of $1,000 of principal amount.