Common use of Repurchase Restriction Clause in Contracts

Repurchase Restriction. Notwithstanding anything to the contrary ----------------------- contained in this Agreement, all purchases of Option Shares by the Company shall be subject to applicable restrictions contained in the DGCL and in the Company's and its subsidiaries' debt and equity financing agreements. If any such restrictions prohibit the purchase of Option Shares hereunder which the Company is otherwise entitled or required to make, all time periods set forth in paragraph 12 shall be deemed to be extended so that the Company may make such repurchase as soon as it is permitted to do so under such restrictions, and upon purchase the Company shall pay to Executive interest on the purchase price of Option Shares to be purchased accruing during the period of such extension at the lesser of 9.5% per annum or the highest rate permitted by applicable law.

Repurchase Restriction. Notwithstanding anything to the contrary ----------------------- contained in this Agreement, all purchases of Option Shares by the Company shall be subject to applicable restrictions contained in the DGCL and in the Company's and its subsidiaries' debt and equity financing agreements. If any such restrictions prohibit the purchase of Option Shares hereunder which the Company is otherwise entitled or required to make, all time periods set forth in paragraph 12 shall be deemed to be extended so that the Company may make such repurchase as soon as it is permitted to do so under such restrictions, and upon purchase the Company shall pay to Executive you interest on the purchase price of Option Shares to be purchased accruing during the period of such extension at the lesser of 9.5% per annum or the highest rate permitted by applicable law.

Repurchase Restriction. Notwithstanding anything to the contrary ----------------------- contained in this Agreement, all purchases of Option Warrant Shares by the Company shall be subject to applicable restrictions contained in the DGCL and in the Company's and its subsidiaries' debt and equity financing agreements. If any such restrictions prohibit the purchase of Option Warrant Shares hereunder which the Company is otherwise entitled or required to make, all time periods set forth in paragraph 12 shall be deemed to be extended so that the Company may make such repurchase as soon as it is permitted to do so under such restrictions, and upon purchase the Company shall pay to Executive the sellers interest on the purchase price of Option Warrant Shares to be purchased accruing during the period of such extension at the lesser of 9.5% per annum or the highest rate permitted by applicable law.