Common use of Mandatory Transfers Clause in Contracts

Mandatory Transfers. (a) If the Company engages in any share repurchase program or self-tender (a “Company Repurchase Event”) that would cause the Investor to Beneficially Own shares of the Company Common Stock in excess of the Ownership Limit, then the Investor shall (x) be given the opportunity to participate in such Company Repurchase Event on the same terms and conditions as other stockholders of the Company and (y) Transfer such number of Shares to the Company as may be permitted pursuant to the terms of such Company Repurchase Event as shall be necessary to reduce the Investor’s Beneficial Ownership of Shares to the Ownership Limit; provided, that to the extent such Transfer to the Company does not permit the Investor to reduce the Investor’s Beneficial Ownership of Shares to the Ownership Limit, the Investor shall, as