Common use of Stockholder Capacity Clause in Contracts

Stockholder Capacity. The Stockholder does not make any agreement or understanding herein in a capacity as a director or officer of the Company. The Stockholder signs solely in his or her capacity as the record holder and beneficial owner of Owned Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director of the Company.

Stockholder Capacity. The Stockholder does not make any agreement or understanding herein in a capacity as a director or officer of the Company. The Each Stockholder signs solely in his or her its capacity as the record holder and beneficial owner of Owned its Subject Shares and nothing contained herein shall limit or affect any actions taken by any officer, director, partner, Affiliate or representative of such Stockholder who is or becomes an officer or a director of the Stockholder Company in his or her capacity as an officer or director of the Company, and none of such actions in such capacity shall be deemed to constitute a breach of this Agreement. Each Stockholder signs individually solely on behalf of itself and not on behalf of any other Stockholder.

Stockholder Capacity. The If any Stockholder does not make any is or becomes during the term hereof a director or an officer of the Company, such Stockholder makes no agreement or understanding herein in a his capacity as a such director or officer officer. Each of the Company. The Stockholder Stockholders signs solely in his or her capacity as the record holder and beneficial owner of Owned Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director Beneficial Owner of the CompanyStockholder's Committed Stock.

Stockholder Capacity. The Stockholder does not make any agreement or understanding herein herein, on its own behalf or on behalf of any of its directors, officers, owners, stockholders or partners, in a capacity each case in its or their capacities as a director directors or officer officers of the Company. The Stockholder signs solely in his or her capacity as the record holder and beneficial owner of Owned Shares , and nothing contained herein shall limit or affect any actions action taken by the Stockholder or any of its directors, officers, owners, stockholders or partners in his or her capacity as an officer or director of the Companysuch capacity.

Stockholder Capacity. The Stockholder does not make any agreement or understanding herein in a the Stockholder's capacity as a director or officer of the Company. The Stockholder signs solely in his or her capacity as the record holder and beneficial owner of Owned Shares Target and nothing contained herein shall limit or affect any actions action taken by the Stockholder in his or her capacity as an officer or director of the Companysuch capacity.

Stockholder Capacity. The Stockholder does not make any agreement or understanding herein in a the Stockholder's capacity as a director or officer of the Company. The Stockholder signs executes this Agreement solely in his or her capacity as a record owner and/or Beneficial Owner of the record holder and beneficial owner of Owned Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder or any designee of the Stockholder in his or her capacity as an officer or director of the CompanyCompany or any of its Subsidiaries.

Stockholder Capacity. The Stockholder does not make any agreement or understanding herein in a capacity as a director or officer of the Company. The Stockholder signs solely in his or her its capacity as the record holder and beneficial owner of Owned the Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder in his or her capacity as an officer officer, director, partner, employee or director affiliate of the CompanyCompany and no such actions shall be deemed a breach of this Agreement.

Stockholder Capacity. The Stockholder does not make signs solely in its capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the Stockholder's Subject Shares. Nothing in this Agreement shall limit or affect any agreement actions taken by a Person who is or understanding herein becomes a director or officer of the Company taken and in a such capacity to the extent this Agreement could be construed to restrict the exercise by such Person of his or her fiduciary duties as a director or officer of the Company. The Stockholder signs solely in his or her capacity as the record holder and beneficial owner of Owned Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director of the Company.

Stockholder Capacity. The Stockholder does not make any agreement or understanding herein in a capacity as a director or officer of the Company. The Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of Owned Shares a trust whose beneficiaries are the beneficial owners of, Stockholder's Securities and nothing contained herein shall limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director director, if applicable, of the CompanyCompany to the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. The If the Stockholder does not make any is or becomes during the term hereof a director or an officer of Parent, the Stockholder makes no agreement or understanding herein in a his capacity as a such director or officer of the Companyofficer. The Stockholder signs solely in his or her capacity as the record holder and beneficial owner of Owned Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director Beneficial Owner of the CompanyStockholder's Shares.

Stockholder Capacity. The Stockholder does not make any agreement or understanding herein in a capacity as a director or officer of the Company. The Stockholder signs solely in his or her its capacity as the record holder and beneficial owner of Owned the Subject Shares and nothing contained herein shall limit or affect any actions taken by any officer, director, partner, Affiliate or representative of the Stockholder who is or becomes an officer or a director of the Company in his or her capacity as an officer or director of the Company, and none of such actions in such capacity shall be deemed to constitute a breach of this Agreement.

Stockholder Capacity. The Notwithstanding anything herein to the contrary, Stockholder does not make any makes no agreement or understanding herein in a his capacity as a director or officer of the Company or any subsidiary of the Company. The Stockholder signs solely in his or her capacity as , and the record holder and beneficial owner of Owned Shares and nothing contained agreements set forth herein shall in no way restrict Stockholder in the exercise of his fiduciary duties as a director or officer of the Company or any subsidiary of the Company or limit or affect any actions taken by the Stockholder solely in his or her capacity as an officer or director of the Company or any subsidiary of the Company. Stockholder has executed this Agreement solely in his capacity as the record and/or beneficial holder of Shares.

Stockholder Capacity. The Stockholder does not make any agreement or understanding herein in a capacity as a director or officer of the Company. The Stockholder signs solely in his or her its capacity as the record holder and beneficial owner of Owned the Shares and nothing contained herein shall limit or affect any actions taken by any officer, director, partner, employee or affiliate of the Stockholder in his or her capacity as an officer or director of the CompanyCompany and no such actions shall be deemed a breach of this Agreement.

Stockholder Capacity. The Stockholder does not make any agreement or understanding herein in a capacity as a director or officer of the Company. The Stockholder signs solely in his or her its capacity as the record holder and beneficial owner of Owned the Subject Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder or any of its officers and dirctors in his its or her their capacity as an officer or director of the CompanyCompany and no such action shall be deemed a breach of this Agreement.

Stockholder Capacity. The Stockholder does not make any agreement or understanding herein in a capacity as a director or officer of the Company. The Stockholder signs solely in his or her its capacity as the record holder and beneficial owner of Owned the Subject Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director of the CompanyParent to the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. The If the Stockholder does not make any is or becomes during the term hereof a director of the Company, then the Stockholder makes no agreement or understanding herein in a his or her capacity as a director or officer of the Companydirector. The Stockholder signs solely in his his, her or her its capacity as the record holder and beneficial owner of Owned Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director of the CompanyShares.

Stockholder Capacity. The If any Stockholder does not make any is or becomes during the term hereof a director or an officer of the Company, such Stockholder makes no agreement or understanding herein in a his capacity as a such director or officer officer. Each of the Company. The Stockholder Stockholders signs solely in his or her capacity as the record holder and beneficial owner of Owned Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director Beneficial Owner of the CompanyStockholder’s Shares.

Stockholder Capacity. The Notwithstanding anything herein to the contrary, Stockholder does not make any makes no agreement or understanding herein in a his capacity as a director or officer of the Company or any subsidiary of the Company. The Stockholder signs solely in his or her capacity as , and the record holder and beneficial owner of Owned Shares and nothing contained agreements set forth herein shall in no way restrict Stockholder in the exercise of his fiduciary duties as a director or officer of the Company or any subsidiary of the Company or limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director of the Company or any subsidiary of the Company. Stockholder has executed this Agreement solely in his capacity as the record and/or beneficial holder of Shares.

Stockholder Capacity. The No Stockholder does not make or designee of any Stockholder who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in a his or her capacity as a such director or officer of the Companyofficer. The Each Stockholder signs solely in his or her such Stockholder's capacity as the record holder and beneficial owner of Owned such Stockholder's Shares and nothing contained herein shall limit or affect any actions taken by the a Stockholder or any designee of any Stockholder in his or her capacity as an officer or director of the Company.

Stockholder Capacity. The If any Stockholder does not make any is or becomes during the term hereof a director or an officer of the Company, such Stockholder makes no agreement or understanding herein in a his capacity as a such director or officer officer. Each of the Company. The Stockholder Stockholders signs solely in his or her capacity as the record holder and beneficial owner of Owned Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director Beneficial Owner of the CompanyStockholder's Shares.

Stockholder Capacity. The If the Stockholder does not make any agreement is or understanding herein in a capacity as becomes during the term hereof a director or officer of the Company, the Stockholder makes no agreement or understanding herein in his or her capacity as such director or officer. The Stockholder signs enters into this Agreement solely in his or her capacity as the record holder and beneficial owner of Owned the Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director of the CompanyCompany to the extent specifically permitted by the Purchase Agreement.

Stockholder Capacity. The Notwithstanding anything herein to the contrary, Stockholder does not make any makes no agreement or understanding herein in a his capacity as a director or officer of the Company or any subsidiary or the Company. The Stockholder signs solely in his or her capacity as , and the record holder and beneficial owner of Owned Shares and nothing contained agreements set forth herein shall in no way restrict Stockholder in the exercise of his fiduciary duties as a director or officer of the Company or any subsidiary of the Company or limit or affect any actions taken by the Stockholder solely in his or her capacity as an officer or director of the Company or any subsidiary of the Company. Stockholder has executed this Agreement solely in his capacity as a stockholder of the Company.

Stockholder Capacity. The If any Stockholder does not make any is or becomes during the term hereof a director or an officer of the Company, such Stockholder makes no agreement or understanding herein in a his capacity as a such director or officer of the Companyofficer. The Each Stockholder signs solely in his or her capacity as the record holder and beneficial owner of Owned Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director Beneficial Owner of the CompanyStockholder's Shares.

Stockholder Capacity. The Stockholder does not make signs solely in its capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the Stockholder’s Subject Shares. Nothing in this Agreement shall limit or affect any agreement actions taken by a Person who is or understanding herein becomes a director or officer of the Company taken and in a such capacity to the extent this Agreement could be construed to restrict the exercise by such Person of his or her fiduciary duties as a director or officer of the Company. The Stockholder signs solely in his or her capacity as the record holder and beneficial owner of Owned Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director of the Company.

Stockholder Capacity. The Stockholder does not make any agreement or understanding herein in a the Stockholder's capacity as a director or officer of the Company. The Stockholder signs executes this Agreement solely in his or her capacity as a record owner and/or Beneficial Owner of the record holder and beneficial owner of Owned Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder or any designee of the Stockholder in his or her capacity as an officer or director of the CompanyCompany or any of its subsidiaries.

Stockholder Capacity. The Stockholder does not make any agreement or understanding herein in a capacity as a director or officer of the Company. The Stockholder signs solely in his or her its capacity as the record holder and beneficial owner of Owned its Subject Shares and nothing contained herein shall limit or affect any actions taken by any officer, director, partner, Affiliate or representative of such Stockholder who is or becomes an officer or a director of the Stockholder Company in his or her capacity as an officer or director of the Company, and none of such actions in such capacity shall be deemed to constitute a breach of this Agreement. The Stockholder signs individually solely on behalf of itself and not on behalf of any other Stockholder.

Stockholder Capacity. The Stockholder does not make any agreement or understanding herein in a Stockholder’s capacity as a director or officer of the Company. The Stockholder signs executes this Agreement solely in his or her Stockholder’s capacity as a record owner and/or Beneficial Owner of the record holder and beneficial owner of Owned Subject Shares and nothing contained herein shall will limit or affect any actions taken by the Stockholder or any designee of Stockholder in his or her Stockholder’s capacity as an officer or director of the CompanyCompany or any of its Subsidiaries.

Stockholder Capacity. The Notwithstanding anything herein to the contrary, the Stockholder does not make any makes no agreement or understanding herein in a his capacity as a director or officer of the Company or any subsidiary of the Company. The Stockholder signs solely in his or her capacity as , and the record holder and beneficial owner of Owned Shares and nothing contained agreements set forth herein shall in no way restrict the Stockholder in the exercise of his fiduciary duties as a director or officer of the Company or any subsidiary of the Company or limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director of the Company or any subsidiary of the Company. The Stockholder has executed this Agreement solely in his capacity as the record and/or beneficial holder of Shares.

Stockholder Capacity. The Neither the Stockholder does not make nor any designee of the Stockholder who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in a its capacity as a such director or officer of the Companyofficer. The Stockholder signs solely in his or her capacity as the record holder and beneficial owner of Owned the Stockholder's Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder or any designee of the Stockholder in his or her capacity as an officer or director of the Company. As used herein, the term "record owner" or "record holder" shall mean ownership of Shares directly or through a nominee.

Stockholder Capacity. The If any Stockholder does not make any is or becomes during the term hereof a director or an officer of the Company, such Stockholder makes no agreement or understanding herein in a his capacity as a such director or officer officer. Each of the Company. The Stockholder Stockholders signs solely in his or her capacity as the record holder and beneficial owner of Owned Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder in his or her capacity as an officer or director Beneficial Owner of the CompanyStockholder's Shares.

Stockholder Capacity. The By executing and delivering this Agreement, -------------------- each Stockholder does not make any makes no agreement or understanding herein in a capacity as to his or its capacity, if any, as a director or officer of the CompanyBuyer or any subsidiary of Buyer. The Each Stockholder signs solely in his or her its capacity as the record holder and beneficial owner of Owned Buyer's Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder such Stockholder, or his or its Affiliates, solely in his or her their fiduciary capacity as an officer or director of the CompanyBuyer or any subsidiary of Buyer.

Stockholder Capacity. The Stockholder does not make any agreement or understanding representation or warranty herein in a capacity as a director or officer of the Company. The So long as Stockholder signs solely is an officer or director of the Company, nothing in his this Agreement shall be construed as prohibiting, preventing, precluding or her capacity as the record holder and beneficial owner of Owned Shares and nothing contained herein shall limit or affect otherwise affecting any actions taken taken, or not taken, by the Stockholder in his or her capacity as an officer or director of the CompanyCompany or any of its subsidiaries or from fulfilling the obligations of such office.

Stockholder Capacity. The By executing and delivering this Agreement, each Stockholder does not make any makes no agreement or understanding herein in a capacity as to his or its capacity, if any, as a director or officer of the CompanyBuyer or any subsidiary of Buyer. The Each Stockholder signs solely in his or her its capacity as the record holder and beneficial owner of Owned Buyer's Shares and nothing contained herein shall limit or affect any actions taken by the Stockholder such Stockholder, or his or its Affiliates, solely in his or her their fiduciary capacity as an officer or director of the CompanyBuyer or any subsidiary of Buyer.