Common use of Stockholder Capacity Clause in Contracts

Stockholder Capacity. The Stockholder is entering into this Agreement solely in his capacity as the beneficial owner of the Owned Common Shares and not in his capacity as a director or officer of the Company. Nothing herein shall limit or affect any actions taken by the Stockholder in his capacity as a director or officer of the Company.

Stockholder Capacity. The Company Stockholder is entering enters into this Agreement solely in his its capacity as the record or beneficial owner of its, his or her shares of Common Stock. Nothing contained in this Agreement shall limit the Owned Common Shares rights and not obligations of the Company Stockholder or any employee of any of its affiliates in his or her capacity as a director or officer of the Company. Nothing , and the agreements set forth herein shall limit in no way restrict any director of the Company in the exercise of his or affect any actions taken by the Stockholder in his capacity her fiduciary duties as a director or officer of the Company.

Stockholder Capacity. The Stockholder is entering into this Agreement solely in his capacity as the beneficial owner of the Owned Common Shares and Owned Preferred Shares and not in his capacity as a director or officer of the Company or any Company. Nothing herein shall limit or affect any actions taken by the Stockholder in his capacity as a director or officer of the Company.

Stockholder Capacity. The Company Stockholder is entering enters into this Agreement solely in his or her capacity as the record or beneficial owner of the Owned Common Shares Subject Securities. Nothing contained in this Agreement shall limit the rights and not obligations of Company Stockholder in his or her capacity as a director or officer of the Company. Nothing herein shall limit Company or affect any actions taken by the Stockholder in his Company Stockholder’s capacity as a director trustee or officer fiduciary of the Companyany employee benefit plan or trust, or in any other capacity whatsoever.

Stockholder Capacity. The Stockholder is entering enters into this Agreement solely in his its capacity as the record and beneficial owner of the Owned Common Shares Shares. Nothing contained in this Agreement will limit the rights and not obligations of the Stockholder, any affiliates, directors, officers or other representatives of the Stockholder in his their capacity as a director or officer of the Company. Nothing , and the agreements set forth herein shall limit will in no way restrict any director or affect any actions taken by officer of the Stockholder Company in the exercise of his capacity or her fiduciary duties as a director or officer of the Company.

Stockholder Capacity. The Company Stockholder is entering enters into this Agreement solely in his its capacity as the record or beneficial owner of the Owned Common Shares Subject Securities. Nothing contained in this Agreement shall limit the rights and not obligations of Company Stockholder in his or her capacity as a director or officer of the Company. Nothing herein shall limit Company or affect any actions taken by the Stockholder in his Company Stockholder’s capacity as a director trustee or officer fiduciary of the Companyany employee benefit plan or trust, or in any other capacity whatsoever.

Stockholder Capacity. The Each Company Stockholder is entering enters into this Agreement solely in his its capacity as the record or beneficial owner of its Voting Shares. Nothing contained in this Agreement shall limit the Owned Common Shares rights and not obligations of any Company Stockholder, any of its Affiliates, Representatives or any employee of any of its Affiliates in his or her capacity as a director or officer of the Company. Nothing , and the agreements set forth herein shall limit in no way restrict any director or affect any actions taken by officer of the Stockholder Company in the exercise of his capacity or her fiduciary duties as a director or officer of the Company.

Stockholder Capacity. The Each Stockholder is signing and entering into this Agreement solely in his capacity as the beneficial owner of the Owned Common Shares Subject Shares, and not in his capacity as a director or officer of the Company. Nothing nothing herein shall limit or affect in any way any actions that may be hereafter taken by the Stockholder him in his capacity as a an employee, officer or director of the Company or officer any Subsidiary of the Company.

Stockholder Capacity. The Each Company Stockholder is entering enters into this Agreement solely in his its capacity as the record or beneficial owner of its Voting Shares. Nothing contained in this Agreement shall limit the Owned Common Shares rights and not obligations of any Company Stockholder, any of its affiliates, Representatives or any employee of any of its affiliates in his or her capacity as a director or officer of the Company. Nothing , and the agreements set forth herein shall limit in no way restrict any director or affect any actions taken by officer of the Stockholder Company in the exercise of his capacity or her fiduciary duties as a director or officer of the Company.

Stockholder Capacity. The Each Company Stockholder is entering enters into this Agreement solely in his its capacity as the record or beneficial owner of its, his or her shares of Common Stock. Nothing contained in this Agreement shall limit the Owned Common Shares rights and not obligations of any Company Stockholder or any employee of any of its affiliates in his or her capacity as a director or officer of the Company. Nothing , and the agreements set forth herein shall limit in no way restrict any director of the Company in the exercise of his or affect any actions taken by the Stockholder in his capacity her fiduciary duties as a director or officer of the Company.

Stockholder Capacity. The Stockholder is entering into execution of this Agreement by Stockholder shall be solely in his capacity as the beneficial owner of the Owned Common Shares held by Stockholder, and not Stockholder makes no agreement or understanding herein in his capacity capacity, if any, as a director or officer of the Company. Nothing herein shall limit Company or affect any actions taken by its Subsidiaries (as defined in the Stockholder in his capacity as a director or officer of the CompanyMerger Agreement).

Stockholder Capacity. The Notwithstanding anything to the contrary herein, Stockholder is entering into only executing this Agreement solely in his capacity as the beneficial owner of the Owned Common Shares and any New Shares and is not making any agreement hereunder in his capacity as a director or officer of the Company. Nothing , and the agreements herein shall limit or affect any actions taken by the in no way restrict Stockholder in his capacity exercise of his fiduciary duties as a director or officer of the Company.

Stockholder Capacity. The This Agreement is being entered into by each Stockholder is entering into solely in its capacity as a shareholder of the Company, and nothing in this Agreement solely shall restrict, limit or affect the ability of any Affiliate or designee of such Stockholder who is a director or officer of the Company to take any action in his capacity as the beneficial owner of the Owned Common Shares and not in his or her capacity as a director or officer of the Company. Nothing herein shall limit Company and exercising his or affect any actions taken by the Stockholder her fiduciary duties and responsibilities in his capacity as a director or officer of the Companysuch capacity.

Stockholder Capacity. The Stockholder is entering into this Agreement signs solely in his its capacity as the beneficial owner of the Owned Common Shares Shares, and not in his capacity as a director or officer of the Company. Nothing nothing herein shall limit or affect any actions taken or omitted to be taken by any representative, designee or affiliate of the Stockholder in his or her capacity as a director or officer of the CompanyCompany including, without limitation, those actions permitted by Section 5.05(e) of the Merger Agreement.

Stockholder Capacity. The This Agreement is being entered into by each Stockholder is entering into this Agreement solely in his its capacity as the a record and/or beneficial owner of the Owned Common Shares Shares, and not nothing in this Agreement shall restrict or limit the ability of such Stockholder or any Affiliate of such Stockholder who is a director, officer or employee of the Company to take any action in his or her capacity as a director director, officer or officer employee of the Company. Nothing herein shall limit , including the exercise of fiduciary duties to the Company or affect any actions taken by the Stockholder in his capacity as a director or officer of the Companyits stockholders.

Stockholder Capacity. The Each Stockholder is entering into this Agreement signs solely in his -------------------- its capacity as the record holder and beneficial owner of the Owned Common Shares and not in his capacity as a director or officer of the Company. Nothing nothing herein shall limit or affect any actions taken by any officer or director of the Stockholder Company or its subsidiaries in his or her capacity as a an officer or director or officer of the CompanyCompany to the extent permitted by the Merger Agreement (including causing its representatives to take actions permitted by the Merger Agreement).

Stockholder Capacity. The Stockholder is entering into this Agreement signing solely in his its capacity as the beneficial owner of the Owned Common Shares and not in his capacity as a director or officer of the Company. Nothing nothing herein shall limit or affect any actions taken by the an employee or director of Stockholder in his their capacity as a officer or director or officer of the CompanyCompany to the extent permitted by the Merger Agreement.

Stockholder Capacity. The This Agreement is being entered into by each Stockholder is entering into solely in its capacity as a stockholder of the Company, and nothing in this Agreement solely shall restrict or limit the ability of any Stockholder who is also a director or officer of the Company to take any action in his capacity as the beneficial owner of the Owned Common Shares and not in his or her capacity as a director or officer of the Company. Nothing herein shall limit or affect any Company except for actions taken by specifically prohibited in the Stockholder in his capacity as a director or officer of the CompanyArrangement Agreement.

Stockholder Capacity. The This Agreement is being entered into by each Stockholder is entering into this Agreement solely in his its capacity as the beneficial owner a stockholder of the Owned Common Shares Company, and not in his such Stockholder's capacity as a director or officer of the Company. Nothing herein , as applicable, and nothing in this Agreement shall restrict or limit the ability of any Stockholder who is a director or affect officer of the Company to take any actions taken by the Stockholder action in his or her capacity as a director or officer of the Company.

Stockholder Capacity. The Stockholder is entering into No person executing this Agreement solely makes any agreement or understanding herein in his capacity as the beneficial owner of the Owned Common Shares and not in his such Stockholder's capacity as a director or officer of the Company. Nothing Each Stockholder signs solely in such Stockholder's capacity as the beneficial owner of such Stockholder's Shares. Notwithstanding anything herein to the contrary, nothing herein shall limit or affect any actions taken by the a Stockholder in his such Stockholder's capacity as a an officer or director or officer of the CompanyCompany to the extent specifically permitted by the Merger Agreement or consistent with his fiduciary duties.

Stockholder Capacity. The Stockholder is entering into No person executing this Agreement solely -------------------- makes any agreement or understanding herein in his capacity as the beneficial owner of the Owned Common Shares and not in his such Stockholder's capacity as a director or officer of the Company or any subsidiary of the Company. Nothing Each Stockholder signs solely in such Stockholder's capacity as the beneficial owner of such Stockholder's Shares and nothing herein shall limit or affect any actions taken by the a Stockholder in his such Stockholder's capacity as a an officer or director or officer of the CompanyCompany or any subsidiary of the Company to the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. The Each Stockholder is entering into has signed this Agreement solely in his its capacity as the beneficial owner of the Owned Common Shares such Stockholder’s Subject Shares, and not in his capacity as a director or officer of the Company. Nothing nothing herein shall limit or affect any actions taken or omitted to be taken by the such Stockholder in his its capacity as a an officer or director or officer of the CompanyParent.

Stockholder Capacity. The Notwithstanding anything herein to the contrary, each Stockholder is entering has entered into this Agreement solely in his such Stockholder’s capacity as the beneficial owner Beneficial Owner of the Owned Common Covered Shares and not in his capacity as a director or officer of the Company. Nothing and, if applicable, nothing herein shall limit or affect any actions taken or omitted to be taken at any time by the such Stockholder in his or her capacity as a an officer or director or officer of the CompanyABI.

Stockholder Capacity. The Each Stockholder is entering into this Agreement solely in his such Stockholder’s capacity as the beneficial owner of the Owned Common Shares and not in his such Stockholder’s capacity as a director or officer of the Company. Nothing herein shall limit or affect any actions taken by the each Stockholder in his such Stockholder’s capacity as a director or officer of the Company, including in the exercise of such Stockholder’s fiduciary duties as a director or officer of the Company.

Stockholder Capacity. The Stockholder is signing and entering into this Agreement solely in his the Stockholder’s capacity as the beneficial owner of the Owned Common Shares Subject Shares, and not in his capacity as a director or officer of the Company. Nothing nothing herein shall limit or affect in any way any actions that may be hereafter taken by the Stockholder in his the Stockholder’s capacity as a an employee, officer or director or officer of the CompanyCompany or any Company Subsidiary in accordance with the provisions of the Merger Agreement.

Stockholder Capacity. The Company Stockholder is entering enters into this Agreement solely in his capacity as the beneficial owner of its, his or her shares of Common Stock. Nothing contained in this Agreement shall limit the Owned Common Shares rights and not obligations of the Company Stockholder or any employee of any of his affiliates in his or her capacity as a director or officer of the Company. Nothing , and the agreements set forth herein shall limit in no way restrict any director of the Company in the exercise of his or affect any actions taken by the Stockholder in his capacity her fiduciary duties as a director or officer of the Company.

Stockholder Capacity. The Stockholder is entering into this Agreement solely in his capacity as the beneficial owner of the Owned Common Shares and not in his capacity as a director or officer of the Company. Nothing herein shall limit or affect any actions taken by the Stockholder in his capacity as a director or officer of the Company.

Stockholder Capacity. The Each Stockholder is entering into executing this Agreement solely in his its capacity as the beneficial an owner of the Owned Common Shares Subject Shares, and not nothing in his capacity as a director or officer of the Company. Nothing herein this Agreement shall limit or affect any actions taken by the such Stockholder in his such Stockholder’s fiduciary capacity as a an officer or director or officer of the Company.

Stockholder Capacity. The Notwithstanding anything to the contrary set forth herein, the Stockholder is entering into this Agreement solely in his the Stockholder’s capacity as the beneficial owner holder of such Shares and nothing in this Agreement shall prevent the Stockholder from taking any action or omitting to take any action in such Stockholder’s capacity as an officer or employee of the Owned Common Shares and not Company or any of its Affiliates (as defined below), in his capacity either case as a director applicable or officer of as may become applicable to the Company. Nothing herein shall limit or affect any actions taken by the Stockholder in his capacity as a director or officer of the CompanyStockholder.

Stockholder Capacity. The This Agreement is being entered into by each Stockholder is entering into this Agreement solely in his its capacity as the beneficial owner a stockholder of the Owned Common Shares Company, and not in his such Stockholder’s capacity as a director or officer of the Company. Nothing herein , as applicable, and nothing in this Agreement shall restrict or limit the ability of any Stockholder who is a director or affect officer of the Company to take any actions taken by the Stockholder action in his or her capacity as a director or officer of the Company.

Stockholder Capacity. The Stockholder is entering into No person executing this Agreement solely makes any agreement or understanding herein in his capacity as the beneficial owner of the Owned Common Shares and not in his such Stockholder’s capacity as a director or officer of the Company or any subsidiary of the Company. Nothing Each Stockholder signs solely in such Stockholder’s capacity as the beneficial owner of such Stockholder’s Shares and nothing herein shall limit or affect any actions taken by the a Stockholder in his such Stockholder’s capacity as a an officer or director or officer of the CompanyCompany or any subsidiary of the Company to the extent specifically permitted by the Merger Agreement (including Section 8.2 of the Merger Agreement).

Stockholder Capacity. The Stockholder Each Shareholder is entering into this Agreement solely in his its capacity as the beneficial owner of the Owned Common Shares and not in his capacity as a director or officer of the Company. Nothing nothing herein shall limit or affect any actions taken by any officer or director of the Stockholder Company (or a subsidiary of the Company) solely in his or her capacity as a director or officer of the Company (or a subsidiary of the Company), including, without limitation, to the extent applicable, participating in his or her capacity as a director of the Company in any discussions or negotiations in accordance with Section 7.6 of the Merger Agreement.

Stockholder Capacity. The This Agreement is being entered into by each Stockholder is entering into solely in its capacity as a stockholder of the Company, and nothing in this Agreement solely shall restrict or limit the ability of any Stockholder who is a director or officer of the Company to take any action in his capacity as the beneficial owner of the Owned Common Shares and not in his or her capacity as a director or officer of the Company. Nothing herein shall limit Any references to Subsidiaries, affiliates or affect any actions taken by the representatives of a Stockholder in his capacity as a director or officer of this Agreement shall not be deemed to include the Company, its Subsidiaries or affiliates, or their respective representatives.

Stockholder Capacity. The This Agreement is being entered into by each Stockholder is entering into solely in its capacity as a stockholder of the Company, and nothing in this Agreement solely shall restrict or limit the ability of any Stockholder who is a director or officer of the Company to take any action in his capacity as the beneficial owner of the Owned Common Shares and not in his or her capacity as a director or officer of the Company. Nothing herein shall limit or affect any actions taken Company to the extent specifically permitted by the Stockholder in his capacity as a director or officer of the CompanyMerger Agreement.

Stockholder Capacity. The Notwithstanding anything herein to the contrary, each Stockholder is entering has entered into this Agreement solely in his such Stockholder’s capacity as the beneficial owner Beneficial Owner of the Owned Common Covered Shares and not in his capacity as a director or officer of the Company. Nothing and, if applicable, nothing herein shall limit or affect any actions taken or omitted to be taken at any time by the such Stockholder in his or her capacity as a an officer or director or officer of the CompanyVBI.

Stockholder Capacity. The Each Stockholder is entering into this Agreement solely in his such Stockholder’s capacity as the record holder or beneficial owner of the Owned Common Shares Subject Shares, and not nothing herein shall limit or affect any actions taken (or any failures to act) by a Stockholder in his such Stockholder’s capacity as a director or officer of the Company. Nothing herein shall limit or affect The taking of any actions taken (or any failures to act) by the a Stockholder in his such Stockholder’s capacity as a director or officer of the CompanyCompany shall not be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.

Stockholder Capacity. The Stockholder is signing and entering into this Agreement solely in his capacity as the beneficial owner of the Owned Common Shares Subject Shares, and not in his capacity as a director or officer of the Company. Nothing nothing herein shall limit or affect in any way any actions that may be hereafter taken by the Stockholder him in his capacity as a an employee, officer or director or officer of the CompanyCompany or any Subsidiary of the Company in accordance with the provisions of the Merger Agreement.

Stockholder Capacity. The Stockholder is entering into No person executing this Agreement solely -------------------- makes any agreement or understanding herein in his capacity as the beneficial owner of the Owned Common Shares and not in his such Stockholder's capacity as a director or officer of the Company or any subsidiary of the Company. Nothing Each Stockholder signs solely in such Stockholder's capacity as the beneficial owner of such Stockholder's Securities and nothing herein shall limit or affect any actions taken by the a Stockholder in his such Stockholder's capacity as a an officer or director or officer of the CompanyCompany or any subsidiary of the Company to the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. The Stockholder is entering into No person executing this Agreement solely -------------------- makes any agreement or understanding herein in his capacity as the beneficial owner of the Owned Common Shares and not in his such Stockholder's capacity as a director or officer of the Company. Nothing Each Stockholder signs solely in such Stockholder's capacity as the beneficial owner of such Stockholder's Shares and nothing herein shall limit or affect any actions taken by the a Stockholder in his such Stockholder's capacity as a an officer or director or officer of the CompanyCompany to the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. The Each Stockholder is entering into this Agreement solely in his capacity as the beneficial owner of the Owned Common Shares and not in his capacity as a director or officer of the Company. Nothing herein shall limit or affect any actions taken by the each Stockholder in his capacity as a director or officer of the Company.

Stockholder Capacity. The Stockholder is entering into No person executing this Agreement solely makes any agreement or understanding herein in his capacity as the beneficial owner of the Owned Common Shares and not in his such Stockholder's capacity as a director or officer of the -4- 5 Company or any subsidiary of the Company. Nothing Each Stockholder signs solely in such Stockholder's capacity as the beneficial owner of such Stockholder's Securities and nothing herein shall limit or affect any actions taken by the a Stockholder in his such Stockholder's capacity as a an officer or director of the Company or officer any Subsidiary of the Company.

Stockholder Capacity. The Stockholder is entering into this Agreement solely in his its capacity as the record and beneficial owner of the Owned Common Shares and not in his capacity as a director or officer of the Company. Nothing Subject Shares, and, if applicable, nothing herein shall limit or affect any actions taken by the prevent Stockholder in from discharging his capacity or her fiduciary duties as a director or an officer of the CompanyCompany or a member of the Board of Directors, and the discharge of any such duties shall not be deemed a breach of this Agreement.

Stockholder Capacity. The Stockholder is entering into this Agreement signs solely in his its capacity as the beneficial owner of the Owned Common Shares Shares, and not in his capacity as a director or officer of the Company. Nothing nothing herein shall limit or affect any actions taken or omitted to be taken by any representative, designee or affiliate of the Stockholder in his or her capacity as a director or officer of Acquiror including, without limitation, those actions permitted by Section 5.05(e) of the CompanyMerger Agreement.

Stockholder Capacity. The Stockholder is entering into this Agreement signs solely in his its capacity as the record holder and beneficial owner of the Owned Common Shares and not in his capacity as a director or officer of the Company. Nothing and, notwithstanding Section 3, nothing herein shall limit or affect any actions taken by any officer or director of the Stockholder Company or its subsidiaries in his or her capacity as a an officer or director or officer of the CompanyCompany to the extent permitted by the Merger Agreement (including causing its representatives to take actions permitted by the Merger Agreement). Nothing in this Agreement shall be deemed to constitute a transfer of the beneficial ownership of the Shares by the Stockholder.

Stockholder Capacity. The Notwithstanding anything herein to the contrary, each Stockholder is entering has entered into this Agreement solely in his such Stockholder’s capacity as the beneficial owner Beneficial Owner of the Owned Common Covered Shares and not in his capacity as a director or officer of the Company. Nothing and, if applicable, nothing herein shall limit or affect any actions taken or omitted to be taken at any time by the such Stockholder in his or her capacity as a an officer or director or officer of the CompanyHBI.

Stockholder Capacity. The Stockholder is entering into this Agreement solely in his the Stockholder’s capacity as the record holder or beneficial owner of the Owned Common Shares and not in his capacity as a director or officer of the Company. Nothing nothing herein shall limit or affect any actions taken by the Stockholder in his or her capacity as a director or officer of Holdings to the Companyextent such actions are permitted by the Merger Agreement.

Stockholder Capacity. The Stockholder is entering into this Agreement signs solely in his its -------------------- capacity as the beneficial owner of the Owned Common Shares Shares, and not in his capacity as a director or officer of the Company. Nothing nothing herein shall limit or affect any actions taken or omitted to be taken by the Stockholder in his its capacity as a an officer or director or officer of the CompanyCompany to the extent specifically permitted by Section 5.05(e) of the Merger Agreement.

Stockholder Capacity. The Stockholder is entering into this Agreement signs solely in his its -------------------- capacity as the beneficial owner of the Owned Common Shares Shares, and not in his capacity as a director or officer of the Company. Nothing nothing herein shall limit or affect any actions taken or omitted to be taken by any representative, designee or affiliate of the Stockholder in his or her capacity as a director or officer of the CompanyCompany including, without limitation, those actions permitted by Section 5.05(e) of the Merger Agreement.

Stockholder Capacity. The Each Stockholder is entering into executing this Agreement solely in his his, her or its capacity as the beneficial an owner of the Owned Common Shares Shares, and not in his capacity as a director or officer of the Company. Nothing nothing herein shall limit or affect any actions taken by the such Stockholder solely in his or her fiduciary capacity as a an officer or director or officer of the Company.