Repurchase Limitations definition
Examples of Repurchase Limitations in a sentence
In any calendar month, if the Company determines not to repurchase all Shares presented for repurchase during that month, including as a result of the Company having satisfied the Repurchase Limitations, the Company shall, to the extent it decides to make Ordinary Repurchases, repurchase Shares on a pro rata basis up to, but not in excess of, the Repurchase Limitations.
The Company will consider the Put Options of other shareholders (and any other stock repurchases that the Company makes pursuant to contracts or otherwise) in determining whether the Repurchase Limitations will limit the ability of the Company to repurchase Shares from Shareholder.
With respect to any deferral of Put Options by reason of the Repurchase Limitations, the purchase price shall be determined as of the last day of the fiscal quarter preceding the quarter in which the repurchase occurs.
In the event any Repurchase Limitation is applicable and the Company does not repurchase Shares pursuant to the exercise of Put Options by Shareholder or Shareholder’s Successor, Shareholder or Shareholder’s Successor shall have the right to exercise the Put Options with respect to such Shares that could not be respurchased due to a Purchase Limitation in the first fiscal quarter in which the repurchase can be made without violation of the Repurchase Limitations.
And wouldn’t you know it, the door is already open, and an Eye of Fire is already sitting on his altar...I suggest you either prepare for a tough fight, or start running.
In the event that either the repurchase of Put Shares of more than one Person has been delayed pursuant to Section 4.3(a) and/or a Management Stockholder Group’s shares of Common Stock cannot be repurchased due to the Repurchase Caps, the Company shall repurchase any then pending Put Shares that it is permitted under this Section 4.3 to repurchase but which the Company failed to purchase due to Repurchase Limitations on a pro rata basis among all holders of such shares.
In addition to the Repurchase Limitations set forth in Section 4.3(a) and subject to the repurchase priority set forth in Section 4.3(c), notwithstanding anything herein to the contrary, the Company’s obligation to repurchase shares of Common Stock shall be subject to the limitations set forth in this Section 4.3(b).
Subject to the Repurchase Limitations outlined above, our Board of Directors may, in its sole discretion, choose to use any source of funds to repurchase Shares.
REPURCHASE OBLIGATION 29 Section 6.1. Guaranty of Collection; Setoff 29 Section 6.2. Ineligible Receivables 30 Section 6.3. Repurchase Limitations 30 Section 6.4. Retransfer of Sale Assets 30 ARTICLE VII.
The Company shall repurchase all Put Shares which the Company failed to purchase due to Repurchase Limitations as soon as practicable, in compliance with, and subject to the terms of, this Agreement.