Common use of Restrictions on Repurchase Clause in Contracts

Restrictions on Repurchase. Notwithstanding anything to the contrary contained in this Agreement, all repurchases of Executive Securities pursuant to this Section 4 shall be subject to (i) applicable restrictions contained in the Delaware General Corporation Law, and (ii) the prior approval of the Company’s senior lenders at the time (if such approval is required at such time pursuant to the Company’s senior financing documents), and (iii) the Company having sufficient financial stability and liquidity to consummate such repurchase without materially and adversely affecting the Company, as determined in the good faith reasonable discretion of the Board. If any such restrictions prohibit the repurchase of Executive Securities hereunder which the Holding Company is otherwise required to make, the Holding Company shall make such repurchases as soon as it is permitted to do so under such restrictions.

Restrictions on Repurchase. Notwithstanding anything to the contrary contained in this Agreement, all repurchases of Executive Securities pursuant to this Section 4 shall be subject to (i) applicable restrictions contained in the Delaware General Corporation Law, and (ii) the prior approval of the Company’s 's senior lenders at the time (if such approval is required at such time pursuant to the Company’s 's senior financing documents), and (iii) the Company having sufficient financial stability and liquidity to consummate such repurchase without materially and adversely affecting the Company, as determined in the good faith reasonable discretion of the Board. If any such restrictions prohibit the repurchase of Executive Securities hereunder which the Holding Company is otherwise required to make, the Holding Company shall make such repurchases as soon as it is permitted to do so under such restrictions.