Permitted Repurchase

Permitted Repurchase. (a) a Repurchase of shares of Common Stock pursuant to one or more "Dutch Auction" tender offers at a price no greater than 5% above the Fair Market Value of the Common Stock at the time of such Repurchase, (b) a purchase or series of purchases of Equity Interests of the Company by the Company or any Affiliate thereof pursuant to, and in compliance with, the requirements of Rule 10b-18 under the Exchange Act (provided that, all Equity Interests repurchased under clauses (a) and (b) shall not... exceed, in the aggregate and on an as-converted basis with respect to Convertible Securities, 5,736,311 shares of Common Stock, subject to adjustment for stock splits, and reverse stock splits), (c) one or more purchases of shares of the Series C Stock pursuant to and in the amounts and at the price specified in Section 7 of the Certificate of Designations of the Series C Stock as of May 16, 2013, (d) one or more purchases of shares of the Series D Stock pursuant to and in the amounts and at the price specified in Sections 5, 6(b), 12 and 13 of the Certificate of Designations of the Series D Stock as of December 21, 2016, and (e) one or more purchases of shares of Common Stock in connection with the net exercise of options, or the payment of tax withholding with respect to equity awards, issued under the Company's equity incentive plans. View More