Common use of Action in Shareholder Capacity Only Clause in Contracts

Action in Shareholder Capacity Only. Shareholder does not hereunder make any agreement or understanding in his or her capacity as an officer or director of Target. Shareholder signs this Agreement solely in Shareholder's capacity as a beneficial owner of the Shares, and nothing herein shall limit or affect any actions taken in Shareholder's capacity as an officer or director of Target.

Appears in 4 contracts

Samples: Voting Agreement (Tandy Corp /De/), Voting Agreement (Amerilink Corp), Voting Agreement (Tandy Corp /De/)

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Action in Shareholder Capacity Only. Shareholder does not hereunder make any agreement or understanding in his or her capacity as an officer or director of Target. The Shareholder signs this Agreement solely in the Shareholder's capacity as a record and beneficial owner of the Shares, and nothing herein shall limit prohibit, prevent or affect any actions taken preclude the Shareholder from fulfilling his fiduciary duties as a director of Company, including without limitation, voting or consenting as a director in Shareholder's favor of an Acquisition Proposal (as defined in the Merger Agreement) or negotiating with respect to an Acquisition Proposal in his capacity as an officer or director of Targetthe Company.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Usf&g Corp), Agreement and Plan of Merger (Titan Holdings Inc), Voting and Support Agreement (Titan Holdings Inc)

Action in Shareholder Capacity Only. Shareholder does is entering into this Agreement solely in Shareholder’s capacity as a record holder and beneficial owner, as applicable, of Shares and not hereunder make any agreement in Shareholder’s capacity as a director or understanding in his officer of the Company. Nothing herein shall limit or her capacity affect Shareholder’s ability to act as an officer or director of Target. Shareholder signs this Agreement solely in Shareholder's capacity as a beneficial owner of the Shares, and nothing herein shall limit or affect any actions taken in Shareholder's capacity as an officer or director of TargetCompany.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (MKS Instruments Inc), Agreement and Plan of Merger (Electro Scientific Industries Inc), Form of Shareholder Agreement (Electro Scientific Industries Inc)

Action in Shareholder Capacity Only. No Shareholder does not hereunder make makes any agreement or understanding herein in his any capacity other than his, her or her capacity as an officer or director of Target. Shareholder signs this Agreement solely in Shareholder's its capacity as a beneficial owner Shareholder of the SharesCompany. If a Shareholder is a member of the Board of Directors of the Company, and nothing herein shall limit or affect any actions taken in Shareholder's capacity by such Shareholder as an officer or director of Targetpermitted by the Merger Agreement.

Appears in 1 contract

Samples: Shareholders Agreement (Moore Benjamin & Co)

Action in Shareholder Capacity Only. Shareholder does not hereunder make any makes no agreement or understanding in his herein as a director or her capacity as an officer or director of Targetthe Company. Shareholder signs this Agreement solely in Shareholder's ’s capacity as a record holder and beneficial owner owner, as applicable, of the Shares, and nothing herein in this Agreement shall (or shall require any Shareholder to attempt to) limit or affect restrict any actions taken Shareholder who is a director or officer of the Company from acting in such capacity (it being understood that this Agreement shall apply to Shareholder solely in Shareholder's ’s capacity as an officer or director a holder of Targetthe Shares).

Appears in 1 contract

Samples: Form of Voting Agreement (Intermec, Inc.)

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Action in Shareholder Capacity Only. Shareholder does not hereunder make any makes no agreement or understanding herein as director or officer of the Company. The Shareholder signs solely in his or her capacity as an officer or director of Target. Shareholder signs this Agreement solely in Shareholder's capacity as a record holder and beneficial owner of the Shares, and nothing herein shall limit or affect any actions taken in Shareholder's his capacity as an officer or director of Targetthe Company, including, without limitation, the exercise of his duties as a director to the Company and its other shareholders.

Appears in 1 contract

Samples: Form of Stock Voting Agreement (Conagra Inc /De/)

Action in Shareholder Capacity Only. Each Shareholder does not hereunder make any makes no agreement or understanding in his or her capacity herein as an a director, employee, officer or director agent of Target. Each Shareholder signs this Agreement solely in Shareholder's his capacity as a record holder and beneficial owner owner, as applicable, of the Shares, and nothing herein shall limit or affect any actions taken in Shareholder's capacity any other capacity, including without limitation, as an officer officer, director, employee, or director agent of Target.

Appears in 1 contract

Samples: Shareholder Voting Agreement (Florida Bank Group, Inc.)

Action in Shareholder Capacity Only. Shareholder does not hereunder make any agreement or understanding in his or her capacity as an officer or director of Target. Shareholder signs is entering into this Agreement solely in Shareholder's ’s capacity as a record holder and beneficial owner owner, as applicable, of the SharesShares and not in any capacity Shareholder or any officer, and nothing director, manager, employee or other agent may have as a director, officer, consultant or adviser to Foundation Bancorp. Nothing herein shall limit or affect the ability of Shareholder or any actions taken in Shareholder's capacity officer, director, manager, employee or other agent of Shareholder to act as an officer a director, officer, consultant or director other adviser of TargetFoundation Bancorp or the Bank.

Appears in 1 contract

Samples: Voting Agreement (Pacific Continental Corp)

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