Uniform Price Condition Applies Regardless of Where the Common Equity is Traded
Rule 10b-18 also specifies the highest price an issuer may bid or pay for its common stock. Unlike the prior rule, under Rule 10b-18, as amended, the same price condition applies regardless of where the common equity is traded. The amended rule now requires that:
Issuer repurchases may be made at a price that does not exceed the highest independent bid or the last independent transaction price, whichever is higher, quoted or reported in the consolidated system. Issuers whose securities are not quoted or reported in a consolidated system may purchase at a price that does not exceed the highest independent bid or the last independent transaction price, whichever is higher, displayed and disseminated on any national securities exchange or on any inter-dealer quotation system that displays at least two independent priced quotations for the security. For all other securities, issuers must effect a purchase at a price no higher than the highest independent bid obtained for three independent dealers.