Repurchase Restrictions. Notwithstanding anything to the contrary ----------------------- contained in this Agreement, all repurchases of Executive Securities by Holdings shall be subject to applicable restrictions contained in the General Corporate Law of the State of Delaware. If any such restrictions prohibit the repurchase of the Executive Securities hereunder which Holdings is otherwise entitled or required to make, Holdings may make such repurchases as soon as it is permitted to do so under such restrictions.
Repurchase Restrictions. The Coating Company shall not purchase, and no Shareholder shall sell to the Coating Company, any of Coating Company's own Shares, whether pursuant to the exercise by the Coating Company of a purchase right
Repurchase Restrictions. 17 Section 5.04 Reasonable Restriction...............................18 Section 5.05 Unauthorized Transfers are Null and Void............................................18 ARTICLE SIX Share Purchase Option After a Change in Control and Buyout Offer After an Impasse..............................................18
Repurchase Restrictions. Notwithstanding any provision of ----------------------- this Agreement to the contrary, if any repurchase or redemption otherwise required under this Agreement or the Registration Rights Agreement would be prohibited in the absence of consent from any lender of the Company or any of the Subsidiaries, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after the repurchase or redemption is required and such repurchase or redemption shall not be effected unless and until such consent is obtained. Interest payable by the Company with respect to any such repurchase or redemption shall continue to accrue until such consent is obtained and the repurchase price therefor paid. Nothing contained in this Section 4.12 shall be construed as a waiver by the Purchaser of any rights ------------ it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.
Repurchase Restrictions. Other than (i) in connection with the repurchase of unvested shares at cost following termination of a Company employee, advisor or consultant; and/or (ii) as specifically agreed in writing between the Purchaser and the Company, the Company shall not repurchase or redeem any outstanding equity securities of the Company, whether in a privately negotiated transaction, open market purchase, issuer self tender offer, accelerated share repurchase program or otherwise (collectively, “Company Repurchases”); provided that the Company may effect Company Repurchases at such prices and on such terms as the Company may determine from time to time for up to an aggregate of 2,500,000 ADSs without the prior written consent of the Purchaser.
Repurchase Restrictions. Notwithstanding anything to the contrary contained in this Agreement, all repurchases of Shares by the Company pursuant to Section 5 shall be subject to applicable restrictions contained in the Delaware General Corporation Law and in the Company’s debt and equity financing agreements
Repurchase Restrictions. 3.8.1. Notwithstanding anything to the contrary stated herein, the Company’s right to exercise any option provided for herein shall be subject to the restrictions governing the right of a corporation to purchase its own stock as set forth in Delaware, and such other pertinent federal and state laws, rules, regulations or other governmental restrictions as may now or hereafter be in effect.
Repurchase Restrictions. 18 Section 4.13. Legal Opinion........................ 19 Section 4.14.
Repurchase Restrictions. In the event of termination of a ----------------------- Management Holder's employment with the Company and its subsidiaries for any reason, the Company shall have the right, exercisable by written notice to the Management Holder at any time prior to the expiration of a 30-day period following such termination of employment, to repurchase all or any portion of the Management Stock held by such Management Holder and its Permitted Transferees at a cash price per share equal to the fair market value of the Common Stock as determined in good faith by the Company's Board of Directors as of the date of termination or, in the case of Management Stock that is subject to vesting or similar restrictions at the time of termination, at the Management Holder's original purchase price for such shares of Management Stock. The closing of the repurchase of Management Stock shall occur within 90 days of termination of the Management Holder's employment or such longer period of time determined by the Company in good faith to be necessary to avoid the loss of "qualified small business stock" treatment under Section 1202 of the Internal Revenue Code for any Stockholder other than the terminated Management Holder.
Repurchase Restrictions. 12 Section 5.04. Reasonable Restriction................................................... 12 Section 5.05. Unauthorized Transfers are Null and Void................................. 12
