Common use of Stockholder Capacity Clause in Contracts

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each Stockholder signs solely in his or her capacity as the record and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares or Options.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each The Stockholder signs solely in his or her capacity as the record and holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or Optionsaffect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officerdirector. Each Stockholder Shareholder signs solely in his or her capacity as the record and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares or OptionsShareholder Shares.

Stockholder Capacity. No person Person executing this Agreement who is or becomes during the term hereof a director or executive officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or executive officer. Each Stockholder signs solely in his or her its capacity as the record and beneficial owner of, or the trustee and/or Beneficial Owner of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares or Optionsits Shares.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein (including, without limitation, the provisions of Section 4(e)) shall limit or Optionsaffect any actions taken by a Stockholder in his capacity as an officer or director of the Company.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares and nothing herein shall limit or Optionsaffect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each The Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such the Stockholder's Shares and nothing herein shall limit or Optionsaffect any actions taken by the Stockholder in its capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement or required by applicable law.

Stockholder Capacity. No person Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each Stockholder signs solely in his or her its capacity as the record and beneficial owner of, or the trustee Beneficial Owner of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares or Optionsits Shares.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or Optionsaffect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. Section 9.1 No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein or is obligated hereunder in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee (as further set forth on Schedule I hereto) of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares ’s Subject Shares, and nothing herein shall limit or Optionsaffect any actions taken by any Stockholder in such Stockholder’s capacity as an officer or director of the Company.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such a director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officerof the Company. Each Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares and nothing herein shall limit or Optionsaffect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. No person Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each Stockholder signs solely in his or her its capacity as the record and beneficial owner of, or the trustee Beneficial Owner of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares or Optionsits Company Securities.

Stockholder Capacity. No person Stockholder executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each Stockholder signs executes this Agreement solely in his or her capacity as the record and holder or beneficial owner of, (or Affiliate of such record holder or beneficial owner) of the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or Optionsaffect any actions taken by a Stockholder or any officer, director, partner or Affiliate of the Stockholder in his, her or its capacity as an officer or director of the Company.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of Acquiror or officer a trustee of the Company a trust makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officertrustee. Each Stockholder signs solely in his or her capacity as the record and beneficial owner of, or the trustee Beneficial Owner of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares or OptionsShares.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares and nothing herein shall limit or Optionsaffect any actions taken by a Stockholder in his capacity as an officer or director for the Company to the extent specifically permitted by the Merger Agreement, including the fiduciary duties of officers and directors in accordance with Delaware law.

Stockholder Capacity. No person executing this Agreement who is is, or becomes during the term hereof hereof, a director or officer of the Company Parent makes any representation, warranty, covenant, agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by limits such person in his or her capacity Stockholder's activities as a director or officeran officer of Parent. Each Stockholder signs and agrees to be bound solely in his or her capacity as the record and and/or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares or Optionsowned as of the date hereof.

Stockholder Capacity. No person Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each Stockholder signs solely in its capacity as the record holder and beneficial owner of such Stockholder's Subject Shares and nothing in this Agreement shall limit or affect the duties of or any actions taken by any Stockholder in his or her capacity as an officer or director of the record and beneficial owner of, or Company to the trustee extent consistent with the Merger Agreement. This Section 6.3 shall survive termination of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares or Optionsthis Agreement.

Stockholder Capacity. No Except as the Agreement expressly provides otherwise, no person executing this Agreement who is or becomes during the term hereof a director or officer of the Company Lottery makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each Stockholder signs solely in his or her capacity as the record and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares or OptionsShares.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein the provisions of this Agreement shall not restrict or limit or affect any action taken by such person in the discharge of his or her capacity fiduciary duties as a an officer or director or officerof the Company. Each Stockholder signs solely in his or her capacity as the record and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, of such Stockholder's Shares or OptionsShares.

Stockholder Capacity. No person executing this Agreement who is is, or becomes during the term hereof hereof, a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each Stockholder signs this Agreement solely in his or her capacity as the record and beneficial owner of, or the trustee Beneficial Owner of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares or and Options.

Stockholder Capacity. No Except as the Agreement expressly provides otherwise, no person executing this Agreement who is or becomes during the term hereof a director or officer of the Company Parent makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each Stockholder signs solely in his or her capacity as the record and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares or OptionsShares.

Stockholder Capacity. No Notwithstanding anything else contained herein, no person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer officer. Stockholder signs solely in his capacity as the record holder and beneficial owner of Stockholder's Shares and nothing herein in this Agreement shall limit or affect any action actions taken by such person Stockholder in his or her capacity as a an officer or director or officer. Each Stockholder signs solely in his or her capacity as of the record and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares or OptionsCompany.

Stockholder Capacity. No person executing this Agreement who is or -------------------- becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein the provisions of this Agreement shall not restrict or limit or affect any action taken by such person in the discharge of his or her capacity fiduciary duties as a an officer or director or officerof the Company. Each Stockholder signs solely in his or her capacity as the record and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, of such Stockholder's Shares or OptionsShares.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. Each Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares and nothing herein shall limit or Optionsaffect any actions taken by a Stockholder in his capacity as an officer or director for the Company to the extent specifically permitted by the Merger Agreement, including the fiduciary duties of officers and directors in accordance with New York law.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer officer. The Stockholder signs solely in its capacity as the record holder and beneficial owner of the Stockholder's Shares and nothing herein shall limit or affect any action actions taken by such person the Stockholder in his or her its capacity as a an officer or director or officer. Each Stockholder signs solely for the Company to the extent specifically permitted by the Merger Agreement, including the fiduciary duties of officers and directors in his or her capacity as the record and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares or Optionsaccordance with Delaware law.