Common use of Capacity as a Shareholder Clause in Contracts

Capacity as a Shareholder. Notwithstanding anything herein to the contrary, each Shareholder signs this Agreement solely in such Shareholder’s capacity as a shareholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Shareholder or any Affiliate, employee or designee of such Shareholder or any of their respective Affiliates in his or her capacity, if applicable, as an officer or director of the Company or any other Person.

Appears in 3 contracts

Samples: Business Combination Agreement (NORTHERN REVIVAL ACQUISITION Corp), Company Shareholder Support Agreement (StoneBridge Acquisition Corp.), Transaction Support Agreement (Mobiv Acquisition Corp)

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Capacity as a Shareholder. Notwithstanding anything herein to the contrary, each the Shareholder signs this Agreement solely in such the Shareholder’s capacity as a shareholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Shareholder or any Affiliateaffiliate, employee or designee of such the Shareholder or any of their respective Affiliates its affiliates in his or her capacity, if applicable, as an officer or director of the Company or any other Person.

Appears in 3 contracts

Samples: Support Agreement (Mount Rainier Acquisition Corp.), Support Agreement (Innoviz Technologies Ltd.), Support Agreement (Collective Growth Corp)

Capacity as a Shareholder. Notwithstanding anything herein any provision of this Agreement to the contrary, nothing in this Agreement shall limit or restrict Shareholder in his capacity as a director or officer of the Company or any designee, employee, representative or affiliate of any Shareholder who is a director or officer of the Company from acting in such capacity or voting in such person’s sole discretion on any matter (it being understood that this Agreement shall apply to each Shareholder signs this Agreement solely in such Shareholder’s capacity as a shareholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Shareholder or any Affiliate, employee or designee of such Shareholder or any of their respective Affiliates in his or her capacity, if applicable, as an officer or director of the Company or any other Person).

Appears in 2 contracts

Samples: Voting Agreement (Charles River Laboratories International Inc), Voting Agreement (Warburg Pincus Private Equity X, L.P.)

Capacity as a Shareholder. (a) Notwithstanding anything herein to the contrary, each Shareholder signs this Agreement solely in such Shareholder’s capacity as a shareholder of the CompanyCompany and as owner of such Shareholder’s Covered Shares, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Shareholder the Shareholders or any Shareholder Affiliate, employee or designee of such Shareholder the Shareholders or any of their respective Shareholder Affiliates in his or her capacity, if applicable, as an officer or director of the Company or any other Person.

Appears in 2 contracts

Samples: Support Agreement (Wiegand Daniel), Business Combination Agreement (Qell Acquisition Corp)

Capacity as a Shareholder. Notwithstanding anything herein to the contrary, each Shareholder signs this Agreement solely in such the Shareholder’s capacity as a shareholder of the CompanyParent, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions or inactions of such Shareholder or any Affiliateaffiliate, representative, employee or designee of such the Shareholder or any of their respective Affiliates its affiliates in his or her capacity, if applicable, as an officer officer, director or director fiduciary of the Company Parent or any of its Subsidiaries or any other Person.

Appears in 2 contracts

Samples: Voting and Support Agreement (Ikonics Corp), Voting and Support Agreement (Ikonics Corp)

Capacity as a Shareholder. Notwithstanding anything herein to the contrary, each Shareholder signs this Agreement solely in such Shareholder’s capacity as a shareholder of the Company, and not in any other Shareholder’s capacity and this Agreement shall not limit or otherwise affect the actions of such Shareholder or any Affiliateas a director, employee or designee of such Shareholder or any of their respective Affiliates in his or her capacity, if applicable, as an officer or director employee of the Company or any other PersonCompany Subsidiary. Nothing herein shall in any way restrict any Shareholder who is a director or officer of the Company in the exercise of his or her fiduciary duties solely as a director or officer of the Company or prevent or be construed to create any obligation on the part of any such Shareholder from taking any action solely in his or her capacity as a director or officer of the Company.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Diplomat Pharmacy, Inc.), Tender and Support Agreement (Diplomat Pharmacy, Inc.)

Capacity as a Shareholder. 6.7.1 Notwithstanding anything herein to the contrary, each Company Shareholder signs this Agreement solely in such Company Shareholder’s capacity as a shareholder of the Company, and not in any other capacity capacity, and this Agreement shall not limit or otherwise affect the actions of such Shareholder or any Affiliateaffiliate, employee employee, or designee of the such Company Shareholder or any of their respective its Affiliates in his or her capacity, if applicable, as an officer or director of the Company or any other Person.

Appears in 2 contracts

Samples: Business Combination Agreement (Frazier Lifesciences Acquisition Corp), Support Agreement (Frazier Lifesciences Acquisition Corp)

Capacity as a Shareholder. Notwithstanding anything herein to the contrary, each the Shareholder signs this Agreement solely in such Shareholder’s capacity as a shareholder Shareholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Shareholder or any Affiliate, employee or designee of such Shareholder or any of their respective Affiliates in his or her capacity, if applicable, as an officer or director of the Company or any other Person.

Appears in 2 contracts

Samples: Shareholder Support Agreement (RF Acquisition Corp.), Shareholder Support Agreement (RF Acquisition Corp.)

Capacity as a Shareholder. Notwithstanding anything herein to the contrary, each Company Shareholder signs this Agreement solely in such Company Shareholder’s capacity as a shareholder of the Company, and not in any other capacity (including as an officer or director of the Company) and this Agreement shall not limit or otherwise affect the actions of such Company Shareholder (or any Affiliateaffiliate, employee or designee of such Shareholder or any of their respective Affiliates Company Shareholder) in his or her capacity, if applicable, as an officer or director of the Company or any other Person.

Appears in 1 contract

Samples: Support Agreement (Ivanhoe Capital Acquisition Corp.)

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Capacity as a Shareholder. Notwithstanding anything herein to the contrary, each the Shareholder signs this Agreement solely in such the Shareholder’s capacity as a shareholder stockholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Shareholder or any Affiliateaffiliate, employee or designee of such the Shareholder or any of their respective Affiliates its affiliates in his or her capacity, if applicable, as an a lender, creditor, officer or director of the Company or any other Person. [The remainder of this page is intentionally left blank.]

Appears in 1 contract

Samples: Agreement and Plan of Merger (Churchill Capital Corp II)

Capacity as a Shareholder. Notwithstanding anything herein to the contrary, each Shareholder signs this Agreement solely in such Shareholder’s its capacity as a shareholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such the Shareholder or any Affiliate, employee or designee of such the Shareholder or any of their respective Affiliates in his or her capacity, if applicable, as an officer or director of the Company or any other Person.

Appears in 1 contract

Samples: Company Shareholder Support Agreement (JATT Acquisition Corp)

Capacity as a Shareholder. Notwithstanding anything herein to the contrary, each the Shareholder signs this Agreement solely in such Shareholder’s capacity as a shareholder of the Company, and not in any other capacity and this Agreement shall not limit limit, prevent or otherwise affect the actions of such Shareholder Shareholder, or any Affiliate, employee or designee of such Shareholder Shareholder, or any of their respective Affiliates in his or her capacity, if applicable, as an officer or director of the Company (or any subsidiary of the Company) or any other Person, including in the exercise of his or her fiduciary duties as a director or officer of the Company or any subsidiary of the Company. The Shareholder shall solely be required to perform her obligations hereunder in her individual capacity.

Appears in 1 contract

Samples: Shareholder Voting Agreement (TMT Acquisition Corp.)

Capacity as a Shareholder. Notwithstanding anything herein to the contrary, each Company Shareholder signs this Agreement solely in such Company Shareholder’s capacity as a a[n] [indirect]18 shareholder of the Company, and not in any other capacity (including as an officer or director of the Company) and this Agreement shall not limit or otherwise affect the actions of such Company Shareholder (or any Affiliateaffiliate, employee or designee of such Shareholder or any of their respective Affiliates Company Shareholder) in his or her capacity, if applicable, as an officer or director of the Company or any other Person.

Appears in 1 contract

Samples: Support Agreement (Oaktree Acquisition Corp. II)

Capacity as a Shareholder. Notwithstanding anything herein to the contrary, each the Shareholder signs this Agreement solely in such the Shareholder’s capacity as a shareholder of the Company, and not in any other capacity capacity, and this Agreement shall not limit or otherwise affect the actions of such Shareholder or any Affiliateaffiliate, employee or designee of such the Shareholder or any of their respective Affiliates its affiliates in his or her capacity, if applicable, as an officer or director of the Company or any other Person.

Appears in 1 contract

Samples: Support Agreement (Merida Merger Corp. I)

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