Common use of Holder Capacity Clause in Contracts

Holder Capacity. Each Holder has entered into this Agreement solely in such Holder's capacity as the beneficial owner of Registrable Securities, including Section 2.5 hereof; provided nothing herein shall in any way limit or restrict any Holder from taking any action in his capacity as a director or officer of the General Partner or the Partnership or otherwise fulfilling his fiduciary obligations as a director or officer of the General Partner or the Partnership.

Holder Capacity. Each Holder has This Agreement is being entered into by each Holder solely in its capacity as a stockholder of the Company, and nothing in this Agreement solely in such Holder's capacity as the beneficial owner of Registrable Securities, including Section 2.5 hereof; provided nothing herein shall restrict or limit in any way limit respect any rights, or restrict the ability, of any Holder from taking in any action in his capacity other capacity, including, without limitation, as a lender to the Company, a holder of any securities of the Company other than the Owned Shares, Owned Warrants or other Covered Shares, or (subject to the provisions of the Merger Agreement) a director or officer of the General Partner or the Partnership or otherwise fulfilling his fiduciary obligations as a director or officer of the General Partner or the PartnershipCompany.

Holder Capacity. Each Holder has entered into this Agreement solely in such Holder's ’s capacity as the beneficial owner of Registrable Securities, including Section 2.5 2.4 hereof; provided nothing herein shall in any way limit or restrict any Holder from taking any action in his or her capacity as a director or officer of the General Partner or the Partnership or otherwise fulfilling his or her fiduciary obligations as a director or officer of the General Partner or the Partnership.

Holder Capacity. Each Holder has entered into this Agreement solely in such Holder's capacity as the beneficial owner of Registrable Securities, including Section 2.5 2.4 hereof; provided nothing herein shall in any way limit or restrict any Holder from taking any action in his or her capacity as a director or officer of the General Partner or the Partnership or otherwise fulfilling his or her fiduciary obligations as a director or officer of the General Partner or the Partnership.

Holder Capacity. Each Holder has entered into this Agreement solely in such Holder's ’s capacity as the beneficial owner of Registrable Securities, including Section 2.5 hereof; provided nothing herein shall in any way limit or restrict any Holder from taking any action in his capacity as a director or officer of the General Partner or the Partnership or otherwise fulfilling his fiduciary obligations as a director or officer of the General Partner or the Partnership.