Common use of Holder Capacity Clause in Contracts

Holder Capacity. If Holder is or becomes during the term hereof a director or officer of Holly, Holder does not make any agreement or understanding herein in Holder's capacity as such director or officer. Holder executes this Agreement solely in Holder's capacity as the record holder or beneficial owner of Holder's Subject Shares and nothing herein shall limit or affect any actions previously or hereafter taken by Holder in Holder's capacity as an officer or director of Holly. Without limiting the foregoing, nothing in this Agreement shall limit or affect the ability of a director or officer of Holly to take any action as may be advisable or necessary in the discharge of his or her fiduciary duties as such director or officer, and without regard to whether he or she is, without limitation, (i) a trustee or co-trustee of one or more Holders, (ii) an officer, consultant or other representative of a trustee or co-trustee of one or more Holders, or (iii) a beneficiary of one or more Holders.

Holder Capacity. If Holder is or becomes during the term hereof a director or officer of Holly, Holder does not make any agreement or understanding herein in HolderXxxxxr's capacity as such director or officer. Holder executes this Agreement solely in Holder's capacity as the record holder or beneficial owner of Holder's Subject Shares and nothing herein shall limit or affect any actions previously or hereafter taken by Holder in Holder's capacity as an officer or director of Holly. Without limiting the foregoing, nothing in this Agreement shall limit shalx xxxit or affect the ability of a director or officer of Holly to take any action as may be advisable or necessary in the discharge discxxxxx of his or her fiduciary duties as such director or officer, and without regard to whether he or she is, without limitation, (i) a trustee or co-trustee of one or more Holders, (ii) an officer, consultant or other representative of a trustee or co-trustee of one or more Holders, or (iii) a beneficiary of one or more Holders.

Holder Capacity. If Holder is or becomes during the term hereof a director or officer of HollyXxxxx, Holder does not make any agreement or understanding herein in Holder's capacity as such director or officer. Holder executes this Agreement solely in Holder's capacity as the record holder or beneficial owner of Holder's Subject Shares and nothing herein shall limit or affect any actions previously or hereafter taken by Holder in Holder's capacity as an officer or director of HollyXxxxx. Without limiting the foregoing, nothing in this Agreement shall limit or affect the ability of a director or officer of Holly Xxxxx to take any action as may be advisable or necessary in the discharge of his or her fiduciary duties as such director or officer, and without regard to whether he or she is, without limitation, (i) a trustee or co-trustee of one or more Holders, (ii) an officer, consultant or other representative of a trustee or co-trustee of one or more Holders, or (iii) a beneficiary of one or more Holders.

Holder Capacity. If Holder is or becomes during the term hereof a director or officer of HollyFiberTower, Holder does not make any agreement or understanding herein in Holder's ’s capacity as such director or officer. Holder executes this Agreement solely in Holder's ’s capacity as the record holder or beneficial owner of Holder's ’s Subject Shares and nothing herein shall limit or affect any actions previously or hereafter taken by Holder in Holder's ’s capacity as an officer or director of HollyFiberTower. Without limiting the foregoing, nothing in this Agreement shall limit or affect the ability of a director or officer of Holly FiberTower to take any action as may be advisable or necessary in the discharge of his or her fiduciary duties as such director or officer, and without regard to whether he or she is, without limitation, (i) a trustee or co-trustee of one or more Holders, (ii) an officer, consultant or other representative of a trustee or co-trustee of one or more Holders, or (iii) a beneficiary of one or more Holders.

Holder Capacity. If Holder is or becomes during the term hereof a director or officer of HollyFirst Avenue, Holder does not make any agreement or understanding herein in Holder's ’s capacity as such director or officer. Holder executes this Agreement solely in Holder's ’s capacity as the record holder or beneficial owner of Holder's ’s Subject Shares and nothing herein shall limit or affect any actions previously or hereafter taken by Holder in Holder's ’s capacity as an officer or director of HollyFirst Avenue. Without limiting the foregoing, nothing in this Agreement shall limit or affect the ability of a director or officer of Holly First Avenue to take any action as may be advisable or necessary in the discharge of his or her fiduciary duties as such director or officer, and without regard to whether he or she is, without limitation, (i) a trustee or co-trustee of one or more Holders, (ii) an officer, consultant or other representative of a trustee or co-trustee of one or more Holders, or (iii) a beneficiary of one or more Holders.