Not Binding in Other Capacities. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge and agree that Stockholder is entering into this Agreement solely in his capacity as a stockholder of the Company and nothing in this Agreement shall be construed to prohibit or restrict Stockholder from taking any action in his capacity as an officer or member of the Board of Directors of the Company or, subject to the limitations (and consequences of such actions) set forth in the Merger Agreement, from taking any action with respect to any Acquisition Proposal as an officer or member of the Board of Directors of the Company to the extent permitted by the Merger Agreement.
Appears in 12 contracts
Samples: Tender and Voting Agreement (Pappajohn John), Tender and Voting Agreement (Conmed Healthcare Management, Inc.), Stockholder Agreement (Diedrich Coffee Inc)
Not Binding in Other Capacities. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge and agree that Stockholder is entering into this Agreement solely in his its capacity as a stockholder of the Company and nothing in this Agreement shall be construed to prohibit or restrict Stockholder from taking any action in his its capacity as an officer or member of the Board of Directors of the Company or, subject to the limitations (and consequences of such actions) set forth in the Merger Agreement, from taking any action with respect to any Acquisition Inquiry or Acquisition Proposal as an officer or member of the Board of Directors of the Company to the extent permitted by the Merger Agreement.
Appears in 2 contracts
Samples: Tender and Voting Agreement, Tender and Voting Agreement (Tufco Technologies Inc)
Not Binding in Other Capacities. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge and agree that Stockholder Shareholder is entering into this Agreement solely in his capacity as a stockholder Shareholder of the Company and nothing in this Agreement shall be construed to prohibit or restrict Stockholder Shareholder from taking any action in his capacity as an officer or member of the Board of Directors of the Company orCompany, subject to the limitations (and consequences of such actions) set forth in the Merger Agreement, from taking any action with respect to any Acquisition Proposal as an officer or member of the Board of Directors of the Company to the extent permitted by the Merger Agreement.
Appears in 2 contracts
Samples: Shareholder Agreement (Sonic Solutions/Ca/), Shareholder Agreement (Rovi Corp)
