Common use of Shareholder Capacity Clause in Contracts

Shareholder Capacity. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall (or shall require any Shareholder to attempt to) limit or restrict any Shareholder who is a director or officer of the Company from acting in such capacity (it being understood that this Agreement shall apply to each Shareholder solely in each Shareholder’s capacity as a shareholder of the Company).

Shareholder Capacity. Notwithstanding any provision of this This Agreement to the contrary, nothing in this Agreement shall (or shall require any Shareholder to attempt to) limit or restrict any Shareholder who is a director or officer of the Company from acting in such capacity (it being understood that this Agreement shall apply to each entered into by Shareholder solely in each Shareholder’s capacity as a shareholder of the Company), and nothing in this Agreement shall restrict or limit (a) the ability of Shareholder to take any action in Shareholder’s capacity as a director or officer of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) the Company from taking any actions that are otherwise permitted by the Merger Agreement, including with respect to a Superior Proposal.

Shareholder Capacity. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall (or shall require any Shareholder to attempt to) will limit or restrict any a designee of Shareholder who is from acting in his or her capacity as a director or officer of the Company from or fulfilling the obligations of such office, including by acting or voting in his or her capacity as a director of the Company, in such capacity designee’s sole discretion on any matter, including causing the Company to exercise rights under the Merger Agreement (in accordance with the terms thereof), and no such actions or omissions will be deemed a breach of this Agreement (it being understood that this Agreement shall will apply to each Shareholder solely in each Shareholder’s capacity as a shareholder of the Company).

Shareholder Capacity. Notwithstanding any provision of this Agreement to the contrary, nothing Nothing in this Agreement shall (or shall require any Shareholder to attempt to) limit or restrict any either Shareholder who is in acting in his or her capacity as a director or officer of the Company from acting in such capacity (and exercising his or her fiduciary duties and responsibilities relating thereto, it being understood that this Agreement shall apply to each Shareholder solely in each Shareholder’s his or her capacity as a shareholder of the Company and shall not apply to each Shareholders' actions, judgments or decisions as a director of the Company).

Shareholder Capacity. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall (or shall require any Shareholder to attempt to) affect or limit or restrict any Shareholder who is a director or officer of the Company from acting in such capacity (it being understood that this Agreement shall apply to each Shareholder solely in each Shareholder’s capacity as a shareholder of the Company).

Shareholder Capacity. Notwithstanding any provision of this Agreement to the contrary, nothing Nothing in this Agreement shall (or shall require any Shareholder to attempt to) limit or restrict any Shareholder who is the Stockholder in acting in his capacity as a director or officer of the Company from acting in such capacity (and exercising his fiduciary duties and responsibilities, it being understood that this Agreement shall apply to each Shareholder the Stockholder solely in each Shareholder’s his capacity as a shareholder stockholder of the Company and shall not apply to the Stockholder's actions, judgments or decisions as a director of the Company).

Shareholder Capacity. Notwithstanding any provision of this Agreement to the contrary, if Shareholder is a director or officer of the Company, nothing in this Agreement shall (or shall require any Shareholder to attempt to) limit or restrict any Shareholder who is a director or officer of the Company from acting in such capacity (it being understood that this Agreement shall apply to each Shareholder solely in each Shareholder’s his, her or its capacity as a shareholder of the Company).

Shareholder Capacity. Notwithstanding any provision Each of the Shareholders has executed this Agreement to the contrary, nothing in this Agreement shall (or shall require any Shareholder to attempt to) limit or restrict any Shareholder who is a director or officer of the Company from acting solely in such capacity (it being understood that this Agreement shall apply to each Shareholder solely in each Shareholder’s capacity as a shareholder of the Company). Without limiting the foregoing, nothing in this Agreement shall limit or affect any actions taken by either Shareholder, or any representative of either Shareholder, in his or her capacity as an officer, director, member, employee or manager of the Company.