Common use of Repurchase Transaction Clause in Contracts

Repurchase Transaction. On the basis of the representations, warranties, covenants and agreements set forth herein and subject to the satisfaction or waiver of the conditions set forth in Section 3 below and the consummation of the Investment Transaction, the Company and each of the Sellers agree to and shall consummate, at the Closing, the following transaction (the "REPURCHASE TRANSACTION"): the Company shall repurchase (with respect to outstanding shares) and repurchase and cancel (with respect to outstanding stock options) (by applying the proceeds of the Investment Transaction) from each Seller the number of Repurchased Shares and/or Repurchased Options set forth opposite such Seller's name on the SCHEDULE OF SELLERS attached hereto and shall pay to each such Seller (in the manner set forth in Paragraph 1D(iii) below) the portion of the Repurchase Price set forth opposite such Seller's name on the SCHEDULE OF SELLERS attached hereto.

Repurchase Transaction. On the basis of the representations, warranties, covenants and agreements set forth herein and subject to the satisfaction or waiver of the conditions set forth in Section 3 below and the consummation of the Investment Transaction and the Senior Debt Transaction, the Company and each of the Sellers agree agrees to and shall consummate, at the Closing, the following transaction (the "REPURCHASE TRANSACTIONRepurchase Transaction"): the Company shall repurchase (with respect to outstanding shares) and repurchase and cancel (with respect to outstanding stock options) (by applying the proceeds of the Investment Transaction) from each Seller the number of Repurchased Shares and/or Repurchased Options set forth opposite such Seller's name on the SCHEDULE OF SELLERS Schedule of Sellers attached hereto and shall pay to each such Seller (in the manner set forth in Paragraph 1D(iiiParagraphs 1D(iv) and 1D(v) below) the portion of the Repurchase Price set forth opposite such Seller's name on the SCHEDULE OF SELLERS Schedule of Sellers attached hereto. The Company shall report the Repurchase Transaction as a redemption within the meaning of Section 302 of the Code in which Section 302(b)(2) applies. All of the consideration paid by the Company in the Repurchase Transaction shall be separately allocable to the Repurchased Shares.

Repurchase Transaction. On the basis of the representations, warranties, covenants and agreements set forth herein and subject to the satisfaction or waiver of the conditions set forth in Section 3 below and the consummation of the Investment Transaction and the Senior Debt Transaction, the Company and each of the Sellers agree agrees to and shall consummate, at the Closing, the following transaction (the "REPURCHASE TRANSACTION"): the Company shall repurchase (with respect to outstanding shares) and repurchase and cancel (with respect to outstanding stock options) (by applying the proceeds of the Investment Transaction) from each Seller the number of Repurchased Shares and/or Repurchased Options set forth opposite such Seller's name on the SCHEDULE OF SELLERS attached hereto and shall pay to each such Seller (in the manner set forth in Paragraph 1D(iiiParagraphs 1D(iv) and 1D(v) below) the portion of the Repurchase Price set forth opposite such Seller's name on the SCHEDULE OF SELLERS attached hereto. The Company shall report the Repurchase Transaction as a redemption within the meaning of Section 302 of the Code in which Section 302(b)(2) applies. All of the consideration paid by the Company in the Repurchase Transaction shall be separately allocable to the Repurchased Shares.