Common use of Action in Shareholder Capacity Only Clause in Contracts

Action in Shareholder Capacity Only. Each Shareholder makes no agreement or understanding herein as director or officer of the Company or as a fiduciary of, or participant in, any compensation plan of the Company. Each Shareholder has entered into this Agreement solely in his or her individual capacity as a record holder and/or beneficial owner of Shares, and nothing herein shall limit or affect any actions taken in his or her capacity as an officer or director of the Company or as a fiduciary of, or participant in, any compensation plan of the Company.

Action in Shareholder Capacity Only. Each of the Shareholder Parties makes no agreement or understanding herein as a director or officer of the Company or as a fiduciary of, or participant in, any compensation plan of the Company. Each of the Shareholder has entered Parties is entering into this Agreement solely in his his, her or her individual its capacity as a record holder and/or and beneficial owner of Shares, and nothing contained herein shall limit or affect affect, or impose any obligations with respect to, any actions taken by a Shareholder Party in his his, her or her its capacity as an a director or officer or director of the Company or as a fiduciary of, or participant in, any compensation plan of the Company.

Action in Shareholder Capacity Only. Each of the Shareholder Parties makes no agreement or understanding herein as a director or officer of the Company or as a fiduciary of, or participant in, any compensation plan of the Company. Each of the Shareholder has entered Parties is entering into this Agreement solely in his his, her or her individual its capacity as a record holder and/or and beneficial owner of Shares, and nothing contained herein shall limit or affect affect, or impose any obligation with respect to, any actions taken by such Shareholder Party in his his, her or her its capacity as an a director or officer or director of the Company or as a fiduciary of, or participant in, any compensation plan of the Company.

Action in Shareholder Capacity Only. Each Shareholder makes no agreement No person executing this Agreement who is or understanding herein as becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a fiduciary of, such director or participant in, any compensation plan of the Companyofficer. Each Shareholder has entered into this Agreement Stockholder signs solely in his or her individual capacity as a the record holder and/or and beneficial owner of, or the trustee of Sharesa trust whose beneficiaries are the beneficial owners of, such Stockholder’s Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his or her its capacity as an officer or director of the Company or as a fiduciary of, or participant in, any compensation plan of to the Companyextent specifically permitted by the Merger Agreement.

Action in Shareholder Capacity Only. Each No Shareholder makes no any agreement or understanding herein hereunder in his or her capacity as a director or officer of the Company or as a fiduciary of, or participant in, any compensation plan of the Company. Each Shareholder has entered into is executing this Agreement solely in his his, her or her its individual capacity as a record holder and/or and beneficial owner owners of Sharesthe Subject Securities, and nothing herein shall limit or affect any actions taken in his or her such Shareholder’s capacity as an officer or director of the Company or Company, including, without limitation, any actions taken by such person in the exercise of such person’s fiduciary duties as a fiduciary of, or participant in, any compensation plan director of the Company.

Action in Shareholder Capacity Only. Each No Shareholder makes no any agreement or understanding herein hereunder as a director or officer of the Company or as a fiduciary of, or participant in, any compensation plan of the Company. Each Shareholder has entered into signs this Agreement solely in his his, her or her individual its capacity as a record holder and/or and beneficial owner owners of Sharesthe Securities, and nothing herein shall limit or affect any actions taken in his or her such Shareholder's capacity as an officer or director of the Company or as a fiduciary of, or participant in, any compensation plan of the Company.

Action in Shareholder Capacity Only. Each The Shareholder makes no agreement or understanding herein as a director or officer of the Company or as a fiduciary of, or participant in, any compensation plan of the Company. Each The Shareholder has entered is entering into this Agreement solely in his or her individual capacity as a record holder and/or and beneficial owner of the Shares, or otherwise as a person entitled to vote such Shares, and nothing contained herein shall limit or affect affect, or impose any obligations with respect to, any actions taken by the Shareholder in his or her capacity as an a director or officer or director of the Company or as a fiduciary of, or participant in, any compensation plan of the Company.

Action in Shareholder Capacity Only. Each The Shareholder makes no agreement or understanding herein as on behalf of any director or officer of the Company or as a fiduciary of, or participant in, any compensation plan of the Company. Each The Shareholder has entered enters into this Agreement solely in his or her individual its capacity as a record holder and/or and beneficial owner of the Subject Securities, and Additional Shares, and nothing herein shall limit or affect any actions taken by any of its designees to the Company’s board of directors in his or her the designee’s capacity as an officer or a director of the Company or as a fiduciary of, or participant in, any compensation plan of the Company.

Action in Shareholder Capacity Only. Each Shareholder makes no agreement or understanding herein as director or officer of the Company or as a fiduciary of, or participant in, any compensation plan of the CompanyCompany Option Plan. Each Shareholder has entered into this Agreement solely in his or her individual capacity as a record holder and/or beneficial owner of Shares, and nothing herein shall limit or affect any actions taken in his or her capacity as an officer or director of the Company or as a fiduciary of, or participant in, any compensation plan of the CompanyCompany Option Plan.