Common use of Shareholder Capacity Clause in Contracts

Shareholder Capacity. No Person executing this Agreement who, during the term hereof, is or becomes a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a director or officer of the Company. Each Principal Shareholder signs solely in his, her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder Shares.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, her or its his capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal such Shareholder's Shares and nothing herein shall limit or affect any actions taken by a Shareholder Sharesin its capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, his or her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder such Shareholder's Shares.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, her or its capacity as the record holder and beneficial owner ofof such Shareholder's Shares and nothing herein shall limit or affect any actions taken by a Shareholder or any officer, director, partner or affiliate of such Shareholder in its capacity as an officer or director of the trustee of a trust whose beneficiaries are Company to the beneficial owners of, Principal Shareholder Sharesextent specifically permitted by the Merger Agreement.

Shareholder Capacity. No Person Shareholder executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs executes this Agreement solely in his, his or her or its capacity as the record holder and or beneficial owner of, of his or her Subject Shares and nothing herein shall limit or affect any actions taken by a Shareholder in his or her capacity as an officer or director of the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder SharesCompany.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a director or officer of the Companysuch director. Each Principal Shareholder signs solely in his, his or her or its capacity as the record holder and beneficial owner of, or the trustee and/or Beneficial Owner of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder such Shareholder's Shares.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, his or her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal such Shareholder's Shares and nothing herein shall limit or affect any actions taken by a Shareholder Sharesin its capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, her or its his capacity as the record holder and or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal such Shareholder's Subject Shares and nothing herein (including, without limitation, the provisions of Section 5) shall limit or affect any actions taken by a Shareholder Sharesin his capacity as an officer or director of the Company.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or and/or officer of the Company makes any agreement or understanding herein in his or her capacity as such director and/or officer. Each Shareholder signs solely in his or her capacity as the record and/or Beneficial Owner of such Shareholder's Shares. Nothing herein shall limit or be deemed to limit the ability of a director or officer of the Company. Each Principal Shareholder signs solely , acting in hissuch capacity, her to act in accordance with such director's or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder Sharesofficer's fiduciary duties.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or of officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, his or her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal such Shareholder's Shares and nothing herein shall limit or affect any actions taken by a Shareholder Sharesin its capacity as an officer or director of the Company to the extent permitted by the Merger Agreement.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, his or her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder such Shareholder's Shares.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal such Shareholder's Shares and nothing herein shall limit or affect any actions taken by a Shareholder Sharesin its capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement or as otherwise required by law.

Shareholder Capacity. No Person Notwithstanding anything herein to the contrary, no person executing this Agreement whowho (either directly or through one of its officers, partners or affiliates) is, or becomes during the term hereofTerm, is or becomes a director or officer of the Company makes any agreement or understanding herein in his capacity as such director or officer, and the agreements set forth herein shall in no way restrict any director or officer in the exercise of his or her capacity fiduciary duties as a director or officer of the Company. Each Principal The Shareholder signs has executed this Agreement solely in his, her or its capacity as the record beneficial holder and beneficial owner of, or of the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder Shares.

Shareholder Capacity. No Person Shareholder executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his, her or its capacity as such director or officer. Each Shareholder executes this Agreement solely in his or her capacity as the record holder or beneficial owner of such Shareholder's Subject Shares and nothing herein shall limit or affect any actions taken by a director Shareholder or officer any officer, director, partner or Affiliate of the Company. Each Principal such Shareholder signs solely in his, her or its capacity as an officer or director of the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder SharesCompany.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereofhereof a director, is or becomes a director employee or officer of the Company makes any agreement or understanding herein in his or her capacity as a director director, employee or officer of the Company. Each Principal Shareholder signs solely in his, her or its his capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal such Shareholder's Shares and nothing herein shall limit or affect any actions taken by, or requires that any actions be taken by, such Shareholder Sharesin his capacity as an officer, employee or director of the Company.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal The Shareholder signs solely in his, her or its his capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal such Shareholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Shareholder Sharesin his capacity as a director or officer of the Company including in the exercise of his fiduciary duties as a director and officer of the Company.

Shareholder Capacity. No Person person executing this Agreement who, who is or -------------------- becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, his or her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal such Shareholder's Shares and nothing herein shall limit or affect any actions taken by a Shareholder Sharesin its capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, her or its capacity as the record holder and beneficial owner of, of such Shareholder’s Shares and nothing herein shall limit or affect any actions taken by a Shareholder in its capacity as an officer or director of the trustee of a trust whose beneficiaries are Company to the beneficial owners of, Principal Shareholder Shares.extent specifically permitted by the Purchase Agreement or as otherwise required by law..

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a director or officer of the Companysuch director. Each Principal Shareholder signs solely in his, his or her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal on a several (and not joint) basis, such Shareholder's Shares. Each Shareholder Sharesis executing this Agreement severally (and not jointly) in his individual capacity and not collectively and is not forming a partnership group or other arrangement hereby.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, his or her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal such Shareholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Shareholder Shares.in such Shareholder's capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement, including without limitation Section 5.02

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Seller and Shareholder signs solely in his, his or her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal such Seller's and Shareholder's Shares and nothing herein shall limit or affect any actions taken by a Seller or Shareholder Sharesin its capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement.

Shareholder Capacity. No Person Shareholder executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs executes this Agreement solely in his or her capacity as the record holder or beneficial owner (or Affiliate of such record holder or beneficial owner) of such Shareholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Shareholder or any officer, director, partner or Affiliate of such Shareholder in his, her or its capacity as an officer or director of the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder SharesCompany.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or of officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, his or her or its capacity as the record holder and beneficial owner ofof , or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal such Shareholder's Shares and nothing herein shall limit or affect any actions taken by a Shareholder Sharesin its capacity as an officer or director of the Company to the extent permitted by the Merger Agreement.

Shareholder Capacity. No Person person executing this Agreement who, who is or -------------------- becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a director or officer of the Companysuch director. Each Principal Shareholder signs solely in his, his or her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal on a several (and not joint) basis, such Shareholder's Shares. Each Shareholder Sharesis executing this Agreement severally (and not jointly) in his individual capacity and not collectively and is not forming a partnership group or other arrangement hereby.

Shareholder Capacity. No Person person executing this Agreement whowho is or becomes, during the term hereof, is or becomes a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a director or officer of the Companysuch director. Each Principal Shareholder signs solely in his, his or her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder such Shareholder's Option Shares.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, his or her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal such Shareholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Shareholder Sharesin its capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement.

Shareholder Capacity. No Person person executing this Agreement who, --------------------- who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, his or her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal such Shareholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Shareholder Sharesin its capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer of the Companyofficer. Each Principal Shareholder signs solely in his, her or its his capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal such Shareholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Shareholder Sharesin his or its capacity as an officer or director of the Company.

Shareholder Capacity. No Person person executing this Agreement who, who is or becomes or designates or has the capacity to designate during the term hereof, is or becomes hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a such director or officer on behalf of the Companyany such designee. Each Principal Shareholder signs solely in his, her or its such Shareholder's capacity as the record holder and beneficial owner of, or of the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder Shares.