Common use of Action in Shareholder Capacity Only Clause in Contracts

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Shareholder solely in his or its capacity as the beneficial owner of the Shares beneficially owned by him or it, and nothing in this Agreement shall in any way restrict or limit any action taken or to be taken (or failure to act) by such Shareholder or such Shareholder’s principals or other controlling persons, as applicable, in any capacity as a director or officer of the Company and the taking of any actions (or failure to act) by such Shareholder or such other Persons in any capacity as an officer or director of the Company will not be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.

Action in Shareholder Capacity Only. The Notwithstanding anything to the contrary in this Agreement, the parties acknowledge and agree that this Agreement is entered into by each Shareholder solely in his or its capacity as the beneficial owner Beneficial Owner of the Owned Shares beneficially owned by him or it, and nothing in this Agreement shall in any way restrict restrict, limit or limit otherwise affect any action taken or to be taken (or failure to act) by such Shareholder or such Shareholder’s principals or other controlling persons, as applicable, in any his capacity as a director director, officer, employee or officer other agent of the Company or any of its Subsidiaries (but not in his capacity as a shareholder of the Company) and the taking of any actions (or failure to act) by such Shareholder or such other Persons in any his capacity as an officer a director, officer, employee or director other agent of the Company or any of its Subsidiaries will not be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.

Action in Shareholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Shareholder solely in his or its capacity as the record and/or beneficial owner of the Shares beneficially owned by him or it, and nothing in this Agreement shall in any way (i) restrict or limit in any respect any action taken or to be taken (or failure to act) by such Shareholder or such Shareholder’s principals or other controlling persons, as applicable, in any his capacity as a director or officer of the Company and or (if applicable) any Subsidiary of the Company, or (ii) be construed to prohibit, limit or restrict Shareholder from exercising any of Shareholder’s fiduciary duties (including with respect to the Merger Agreement and/or the transactions contemplated thereby) as a director or officer of the Company. The taking of any actions action (or failure to act) by such Shareholder or such other Persons in any his capacity as an officer or director of the Company or any Subsidiary of the Company, or the exercise of Shareholder’s fiduciary duties as an officer or director of the Company, will not in no event be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.