Frankly he cant buy on the ask

Even though compliance with Rule 10b-18 isn't mandatory, it does reduce the potential for error in executing a buyback. If you comply with Rule 10b-18, you have a pretty good shot at defending yourself if anyone claims you were manipulating the market. If you don't comply, it doesn't mean that you have engaged in a securities law violation, but it doesn't give you the same level of comfort as if you had complied.

These are the rules under 10b-18:

During any one day, a company—together with affiliated purchasers (such as individuals involved in the decision to buy in stock)—can purchase or make bids through only one broker or dealer. For instance, the CEO cannot buy stock for his own account through a different broker.

Neither the company nor affiliated purchasers can do the opening trade on that market that day; they are also forbidden from trading during the last half hour before the market's close.

-The company and affiliated purchasers can't bid at or settle at a purchase price that exceeds the highest current independent bid quote or the last independent sales price, whichever is higher.