Share Purchases. Beginning on the Commencement Date (as defined in Section 3 below), Broker shall purchase Shares for the Company's account in compliance with the terms and conditions of this Agreement. The total amount of Shares that may be purchased under this Agreement shall not exceed 50,000 Shares and the Broker may not spend more than $1,250,000.00 in purchasing Shares under this Agreement. Broker shall use reasonable efforts to purchase the Shares at or below the then prevailing market price. In making such purchases, Broker shall comply with the following guidelines: i. Orders to purchase hereunder are given on a "not held" basis. ii. Subject to Rule 10b-18(b)(2) and the restrictions set forth in this Agreement, Broker during the term of this Agreement shall use its best efforts to purchase, or cause to be purchased, the Shares on each day on or after the Commencement Date that trading takes place on the Nasdaq Stock Market (a "Trading Day"). iii. Subject to Rule 10b-18(b)(3), Broker shall make its purchases at or below the then prevailing market price.
Appears in 2 contracts
Sources: Stock Repurchase Agreement (Duckwall Alco Stores Inc), Stock Repurchase Agreement (Duckwall Alco Stores Inc)