Action in Advisor Capacity Only Clause Samples

Action in Advisor Capacity Only. The Advisor is entering into this Agreement solely in its capacity as the holder of voting and dispositive power over the Shares, and not in the Advisor’s capacity as a director or officer of the Company and Parent. Nothing herein shall limit or affect any actions taken by any Affiliate or designee of the Advisor in his or her capacity as an officer or director of the Company and Parent, or shall prevent such Person from complying with his or her fiduciary duties or other legal obligations while acting in such capacity as a director or officer of the Company and Parent, it being understood that this Agreement applies to the Advisor solely in its capacity as the holder of voting and dispositive power over the Shares and does not apply to any such Affiliate or designee’s actions, judgments, or decisions as a director or officer of the Company and Parent.