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 Stock by the Company shall be subject to applicable restrictions contained in the Delaware General Corporation Law and in the Company's and its Subsidiaries' debt and equity financing agreements. If any such restrictions prohibit the repurchase of Executive Stock hereunder which the Company is otherwise entitled to make, the time periods in this Section 7 applicable to repurchases by the Company, or purchases by the Investors, of Executive Stock (other than repurchases of Incentive Shares, as to which the time periods set forth in the Section 7 shall not be suspended or extended) shall be suspended and shall resume at such time as the Company is permitted to do so under such restrictions, so that the Company and the Investors may make such repurchases and purchases of Executive Stock (other than repurchases of Incentive Shares) during the balance of such period following such time as the Company becomes permitted to make such purchases under such restrictions.

Restrictions on Repurchase. Notwithstanding Notwithstand-ing anything to the contrary contained in this Agreement, all repurchases of Executive Stock by the Company shall be subject to applicable restrictions contained in the Delaware General Corporation Law and in the Company's and its Subsidiaries' debt and equity financing agreements. If any such restrictions prohibit the repurchase of Executive Stock hereunder which the Company is otherwise entitled to make, the time periods in this Section 7 applicable to repurchases by the Company, or purchases by the Investors, of Executive Stock (other than repurchases of Incentive Shares, as to which the time periods set forth in the Section 7 shall not be suspended or extended) shall be suspended and shall resume at such time as the Company is permitted to do so under such restrictions, so that the Company and the Investors may make such repurchases and purchases of Executive Stock (other than repurchases of Incentive Shares) during the balance of such period following such time as the Company becomes permitted to make such purchases under such restrictions.