Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company makes any agreement or understanding herein in his or her capacity as such director.
Appears in 4 contracts
Samples: Stockholders Agreement (Cogentrix Energy Inc), Stockholders Agreement (Cogentrix Energy Inc), Ii 4 Agreement and Plan of Merger (Petes Brewing Co)
Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company Seller makes any agreement or understanding herein in his or her capacity as such director. Each Stockholder signs solely in his or her capacity as the record and/or beneficial owner of such Stockholder's Shares.
Appears in 3 contracts
Samples: Stockholders Agreement (Metromedia Co Et Al), Stockholders Agreement (Metromedia International Group Inc), Stockholders Agreement (P&f Acquisition Corp)
Stockholder Capacity. No person executing this Agreement who -------------------- is or becomes during the term hereof a director of the Company makes any agreement or understanding herein in his or her capacity as such director. Each Shareholder signs solely in his or her capacity as the owner of, or the trustee of a trust whose beneficiaries are the owners of, such Shareholder Shares.
Appears in 2 contracts
Samples: Stock Tender Agreement (Armstrong World Industries Inc), Stock Tender Agreement (Armstrong World Industries Inc)
Stockholder Capacity. No person Notwithstanding anything herein to the contrary, no Person executing this Agreement who is or whose representative or officer is, or becomes during the term hereof hereof, a director of the Company makes any agreement or understanding herein in his or her capacity as a, or with respect to any, director, and the agreements set forth herein shall in no way restrict any director in the exercise of such director's fiduciary duties as a director of the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Saga Systems Inc /De/), Stockholder Agreement (Software Ag)
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.director or officer. The
Appears in 2 contracts
Samples: Stockholder Agreement (C Ats Software Inc), Stockholder Agreement (Misys PLC)
Stockholder Capacity. No person Person executing this Agreement who is or becomes during the term hereof a director of the Company makes any agreement or understanding herein in his or her capacity as such director. Stockholder is signing this Agreement solely in its capacity as the record and Beneficial Owner of, or the trustee of a trust whose beneficiaries are the Beneficial Owners of, Shares.
Appears in 2 contracts
Samples: Tender and Voting Agreement (iGo, Inc.), Tender and Voting Agreement (Steel Excel Inc.)
Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company makes any agreement or understanding herein in his or her capacity as such director. Each Stockholder signs solely in his or her capacity as the record and beneficial owner ow, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares.
Appears in 2 contracts
Samples: Stockholders Agreement (Comforce Corp), Stockholders Agreement (Uniforce Services Inc)
Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company makes any agreement or understanding herein in his or her capacity as such director. Each Stockholder signs solely in his or her capacity as the record and/or beneficial owner of such Stockholder's Shares.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American List Corp), Stockholders Agreement (Snyder Communications Inc)
Stockholder Capacity. No person Person executing this Agreement who is or becomes during the term hereof a director of the Company makes any agreement or understanding herein in his or her capacity as such director.. The Stockholder signs solely in his or her capacity as the record and/or
Appears in 2 contracts
Samples: Jalovec Voting Agreement (Churchill Environmental & Industrial Equity Partners Lp), Stock Purchase Agreement (Churchill Environmental & Industrial Equity Partners Lp)
Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company Partner makes any agreement or understanding herein in his or her capacity as such director.. Each Stockholder signs solely in his or her capacity as the record and
Appears in 1 contract
Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company makes any agreement or understanding herein in his or her capacity as such director. Furthermore, notwithstanding anything to the contrary contained in Sections 2 and 3 above, if any representative of any such Stockholder is a member of the Company's Board of Directors, nothing in such sections shall be construed to obligate such representative to act in such person's capacity as a director in any manner that may conflict with such person's fiduciary duties as a director of the Company.
Appears in 1 contract
Samples: Voting Agreement (Lendingtree Inc)
Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company makes any agreement or understanding herein in his or her capacity as such director. 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 Subject Shares.
Appears in 1 contract
Stockholder Capacity. No person individual executing this Agreement who is or becomes during the term hereof a director of the Company makes shall, by reason of this Agreement, be deemed to have made any agreement or entered into any understanding herein in his or her capacity as such director. The Stockholder has signed this Agreement solely in his capacity as the beneficial owner of the Shares.
Appears in 1 contract
Samples: Non Competition, Non Solicitation and Non Hire Agreement (Peoplesoft Inc)
Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company makes any agreement or understanding herein in his or her capacity as such director. Each Stockholder signs solely in his or her capacity as the record and beneficial owner of such Stockholder's Shares. 7.
Appears in 1 contract
Samples: Stockholders Agreement Agreement (Cuc International Inc /De/)
Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company makes any agreement or understanding herein in his or her capacity as such director. Each Stockholder signs solely in his or her capacity as the record and beneficial owner of such Stockholder's Subject Shares.
Appears in 1 contract
Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company makes any agreement or understanding herein in his or her capacity as such director. 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 and Options.
Appears in 1 contract
Stockholder Capacity. No person Notwithstanding anything herein to the contrary, no Person executing this Agreement who is or whose representative or officer is, or becomes during the term hereof hereof, a director of the Company makes any agreement or understanding herein in his or her capacity as a, or with respect to any, director, and the agreements set forth herein shall in no way restrict any director in the exercise of such director’s fiduciary duties as a director of the Company.
Appears in 1 contract
Samples: Stockholder Agreement (Thayer Equity Investors Iii Lp)
