Common use of Shareholder Capacity Clause in Contracts

Shareholder Capacity. By executing and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs solely in his capacity as the beneficial owner of Shareholder's Shares and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the Company.

Shareholder Capacity. By No person executing and delivering this -------------------- Agreement, Shareholder Agreement who is or becomes a director of the Company makes no any agreement or understanding herein in his or her capacity as a director or officer of the Company or any subsidiary of the Companysuch director. Each Shareholder signs solely in his such Shareholder's capacity as the record and beneficial owner of Shareholder's Shares and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the CompanyShares.

Shareholder Capacity. By executing and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs solely in his capacity as the beneficial owner of Shareholder's Shares and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the Company.

Shareholder Capacity. By executing and delivering this -------------------- Agreement, The Shareholder makes no does not make any agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. The Shareholder signs solely in his capacity as the record holder and beneficial owner of Shareholder's his Shares and nothing herein shall limit or affect any actions taken by the Shareholder in his capacity as an a director or officer or director of the Company or any subsidiary of the Company.

Shareholder Capacity. By executing and delivering Shareholder has executed this -------------------- Agreement, Shareholder makes no agreement or understanding herein Agreement solely in his Shareholder’s capacity as a director or officer of the Company or any subsidiary stockholder of the Company. Shareholder signs solely Without limiting the foregoing, nothing in his capacity as the beneficial owner of Shareholder's Shares and nothing herein this Agreement shall limit or affect any actions taken by Shareholder Shareholder, or any representative of Shareholder, in his or her capacity as an officer officer, director, member, employee or director of the Company or any subsidiary manager of the Company.

Shareholder Capacity. By Shareholder is executing and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs Agreement solely in his capacity as the beneficial an owner of Shareholder's Shares Company Shares, and nothing herein shall limit or affect any actions taken by Shareholder solely in his capacity as an officer or director of the Company or any subsidiary of the Company.

Shareholder Capacity. By executing and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. The Shareholder signs solely in his capacity as the record holder and beneficial owner of Shareholder's the Shares and nothing herein shall limit or affect any actions taken by restrict Shareholder in the exercise of his capacity fiduciary duties as an a director or officer or director of the Company or any subsidiary of the Company.

Shareholder Capacity. By executing and delivering this -------------------- AgreementNotwithstanding anything herein to the contrary, Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs solely in his capacity as , and the beneficial owner of Shareholder's Shares and nothing agreements set forth herein shall in no way restrict Shareholder in the exercise of his fiduciary duties as a director or officer of the Company or any subsidiary of the Company or limit or affect any actions taken by Shareholder solely in his capacity as an officer or director of the Company or any subsidiary of the Company. Shareholder has executed this Agreement solely in his capacity as the record and/or beneficial holder of Shares.

Shareholder Capacity. By executing and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein in as to his capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs solely in his capacity as the beneficial owner of Shareholder's Shares and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the CompanyCompany to the extent specifically permitted by the Merger Agreement.

Shareholder Capacity. By executing and delivering Each Shareholder has executed this -------------------- Agreement, Shareholder makes no agreement or understanding herein Agreement solely in his such Shareholder’s capacity as a director or officer of the Company or any subsidiary shareholder of the Company. Shareholder signs solely Without limiting the foregoing, nothing in his capacity as the beneficial owner of Shareholder's Shares and nothing herein this Agreement shall limit or affect any actions taken by Shareholder such Shareholder, or any representative of such Shareholder, in his or her capacity as an officer officer, director, member, employee or director of the Company or any subsidiary manager of the Company.

Shareholder Capacity. By executing and delivering this -------------------- AgreementIf any Shareholder is or becomes during the term hereof a director or an officer of the Company, such Shareholder makes no agreement or understanding herein in his capacity as a such director or officer officer. Each of the Company or any subsidiary of the Company. Shareholder Shareholders signs solely in his or her capacity as the beneficial owner of Shareholder's Shares record and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director Beneficial Owner of the Company or any subsidiary of the CompanyShareholder’s Shares.

Shareholder Capacity. By executing Shareholder is making this Agreement solely in his capacity as the owner of the Owned Shares and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein not in his capacity as a director or officer, and the agreements set forth herein shall in no way restrict Shareholder in the exercise of his fiduciary duties as a director and officer of the Company or any subsidiary of the Company. Shareholder signs solely in his or her capacity as the record and beneficial owner of Shareholder's Shares and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the CompanyOwned Shares.

Shareholder Capacity. By executing and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs solely in his its capacity as the record holder and beneficial owner of Shareholder's the Shares and nothing herein shall limit or affect any actions taken or to be taken by Shareholder in his capacity as an officer any officer, director or director financial advisor of the Company or any subsidiary its subsidiaries in his, her or its capacity as an officer, director or financial advisor of the Company, subject to the Merger Agreement.

Shareholder Capacity. By executing and delivering this -------------------- AgreementExcept as provided in Section 8 above, the Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. The Shareholder signs solely in his capacity as the a record holder and beneficial owner of the Shareholder's Shares and nothing herein shall limit or affect any actions taken by the Shareholder in his capacity as an officer or director of the Company or any subsidiary of to the Companyextent specifically permitted by the Merger Agreement.

Shareholder Capacity. By executing and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the CompanyParent. The Shareholder signs solely in his capacity as the record holder and beneficial owner of Shareholder's the Shares and nothing herein shall limit or affect any actions taken by restrict Shareholder in the exercise of his capacity fiduciary duties as an a director or officer or director of the Company or any subsidiary of the CompanyParent.

Shareholder Capacity. By executing The Shareholder signs solely in his, her or its capacity as the record and delivering this -------------------- Agreementbeneficial owner of, Shareholder makes no agreement or understanding herein the trustee of a trust whose beneficiaries are the beneficial owners of, the Shareholder's Shares, and not in his his, her or its capacity as a director or officer of Seller. No provision of this Agreement is intended to or shall be interpreted as restricting the Company or any subsidiary of the Company. Shareholder signs solely Shareholder's actions in his or her capacity as the beneficial owner a director or officer of Shareholder's Shares and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the CompanySeller.

Shareholder Capacity. By executing and delivering this -------------------- Agreement, The Shareholder makes no does not make any agreement or understanding herein in his the Shareholder's capacity as a director or officer of the Company or any subsidiary of the Company. The Shareholder signs executes this Agreement solely in his capacity as a record owner and/or Beneficial Owner of the beneficial owner of Shareholder's Shares and nothing herein shall limit or affect any actions taken by the Shareholder or any designee of the Shareholder in his capacity as an officer or director of the Company or any subsidiary of the Companyits subsidiaries.

Shareholder Capacity. By executing The Shareholder signs solely in his, her or its capacity as the record and delivering this -------------------- Agreementbeneficial owner of, Shareholder makes no agreement or understanding herein the trustee of a trust whose beneficiaries are the beneficial owners of the Shareholder’s Shares, and not in his his, her or its capacity as a director or officer of Seller. No provision of this Agreement is intended to or shall be interpreted as restricting the Company or any subsidiary of the Company. Shareholder signs solely Shareholder’s actions in his or her capacity as the beneficial owner a director or officer of Shareholder's Shares and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the CompanySeller.

Shareholder Capacity. By executing The Shareholder signs solely in his, her or its capacity as the record and delivering this -------------------- Agreementbeneficial owner of, Shareholder makes no agreement or understanding herein the trustee of a trust whose beneficiaries are the beneficial owners of, the Shareholder’s Shares, and not in his his, her or its capacity as a director or officer of Seller. No provision of this Agreement is intended to or shall be interpreted as restricting the Company or any subsidiary of the Company. Shareholder signs solely Shareholder’s actions in his or her capacity as the beneficial owner a director or officer of Shareholder's Shares and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the CompanySeller.

Shareholder Capacity. By No person executing and delivering this -------------------- Agreement, Shareholder Agreement makes no any agreement or understanding herein in his such Shareholder's capacity as a director or officer of the Company or any subsidiary of the Company. Each Shareholder signs solely in his such Shareholder's capacity as the beneficial owner of such Shareholder's Shares and nothing herein shall limit or affect any actions taken by a Shareholder in his such Shareholder's capacity as an officer or director of the Company or any subsidiary of the CompanyCompany to the extent specifically permitted by the Merger Agreement.

Shareholder Capacity. By executing and delivering this -------------------- Agreement, Shareholder makes no does not make any agreement or understanding herein in his Shareholder's capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs executes this Agreement solely in his Shareholder's capacity as a record owner and/or Beneficial Owner of the beneficial owner of Shareholder's Shares Capital Stock and nothing herein shall will limit or affect any actions taken by Shareholder or any designee of Shareholder in his Shareholder's capacity as an officer or director of the Company or any subsidiary of the its subsidiaries to comply with his fiduciary obligations as an officer or director of Company.

Shareholder Capacity. By executing and delivering this -------------------- AgreementNotwithstanding anything herein to the contrary, Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs solely in his capacity as , and the beneficial owner of Shareholder's Shares and nothing agreements set forth herein shall in no way restrict Shareholder in the exercise of his fiduciary duties as a director or officer of the Company or any subsidiary of the Company or limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the Company. Shareholder has executed this Agreement solely in his capacity as the record and/or beneficial holder of Shares.

Shareholder Capacity. By executing and delivering this -------------------- Agreement, The Shareholder makes no does not make any agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. The Shareholder signs solely in his capacity as the record holder and beneficial owner of, or the trustee of Shareholder's one or more trusts that are the record holder of, and whose beneficiaries are the beneficial owners of, the Subject Shares and nothing herein shall limit or affect any actions taken by the Shareholder in his capacity as an officer or director of the Company or any subsidiary of the Company.

Shareholder Capacity. By executing The Shareholder is entering into this Agreement solely in his capacity as the beneficial owner of the Owned Shares and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein not in his capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs solely in his capacity as the beneficial owner of Shareholder's Shares and nothing Nothing herein shall limit or affect any actions taken by the Shareholder in his capacity as an a director or officer or of the Company, including any fiduciary duty in Shareholder’s capacity as a director of the Company or any subsidiary of the Companyto make a Adverse Recommendation Change.

Shareholder Capacity. By executing and delivering this -------------------- Agreement, The Shareholder makes no does not make any agreement or understanding herein in his the Shareholder’s capacity as a director or officer of the Company or any subsidiary of the Company. The Shareholder signs executes this Agreement solely in his capacity as a record owner and/or Beneficial Owner of the beneficial owner of Shareholder's Shares and nothing herein shall limit or affect any actions taken by the Shareholder or any designee of the Shareholder in his capacity as an officer or director of the Company or any subsidiary of the Companyits subsidiaries.