Common use of Capacity as a Stockholder Clause in Contracts

Capacity as a Stockholder. Stockholder makes its agreements and understandings herein solely in its capacity as record holder and Beneficial Owner of the Covered Company Shares and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by Stockholder or any Representative of Stockholder solely in his or her capacity as a director or officer of the Company.

Appears in 10 contracts

Samples: Voting Agreement, Voting Agreement (Thomas, McNerney & Partners II L.P.), Voting Agreement (Thomas, McNerney & Partners II L.P.)

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Capacity as a Stockholder. Stockholder makes its The Stockholders make their agreements and understandings herein solely in its capacity their capacities as record holder holders and Beneficial Owner Owners of the Covered Company Shares and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by Stockholder or any a Representative of any Stockholder solely in his or her capacity as a director or officer of the Company.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Pinnacle Foods Inc.), Voting Agreement (Pinnacle Foods Inc.), Voting Agreement (Hillshire Brands Co)

Capacity as a Stockholder. Each Stockholder makes its agreements and understandings herein solely in its capacity as the record holder and Beneficial Owner beneficial owner of the Covered Company Shares and, notwithstanding Shares. Notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by Stockholder the Stockholders or their Representatives and Affiliates or any Representative of Stockholder other Person solely in his or her their capacity as directors or officers of Parent, and none of such actions taken shall be deemed to constitute a director or officer breach of this Agreement by the CompanyStockholder.

Appears in 4 contracts

Samples: Voting Agreement (Silgan Holdings Inc), Voting Agreement (Silgan Holdings Inc), Voting Agreement (Graham Packaging Co Inc.)

Capacity as a Stockholder. Each Stockholder makes its agreements and understandings herein solely in its capacity as the record holder and Beneficial Owner beneficial owner of the Covered Company Shares and, notwithstanding Shares. Notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by Stockholder the Stockholders or their Representatives and Affiliates or any Representative of Stockholder other Person solely in his or her their capacity as a director directors or officer officers of the Company, and none of such actions taken shall be deemed to constitute a breach of this Agreement by the Stockholder.

Appears in 3 contracts

Samples: Voting Agreement (Graham Packaging Co Inc.), Voting Agreement (Silgan Holdings Inc), Voting Agreement (Graham Packaging Co Inc.)

Capacity as a Stockholder. The Stockholder makes its the agreements and understandings herein solely in its capacity capacities as record holder and Beneficial Owner of the Covered Company Shares and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by Stockholder or any Representative of the Stockholder solely in his or her capacity as a director or officer of the Company.

Appears in 3 contracts

Samples: Support Agreement (Sezzle Inc.), Support Agreement (Sezzle Inc.), Support Agreement (Sezzle Inc.)

Capacity as a Stockholder. The Stockholder does not make any agreement or understanding herein in his capacity as a director or officer of the Company or any of its Subsidiaries. The Stockholder makes its his agreements and understandings herein solely in its his capacity as the record holder and Beneficial Owner beneficial owner of the Covered Company Shares and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by the Stockholder or any Representative of Stockholder solely in his or her capacity as a director or officer of the CompanyCompany or any of its Subsidiaries.

Appears in 2 contracts

Samples: Voting Agreement (Medical Action Industries Inc), Voting Agreement (Owens & Minor Inc/Va/)

Capacity as a Stockholder. Each Stockholder makes its agreements and understandings herein solely in its capacity as record holder and Beneficial Owner of the Covered Company Shares and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by Stockholder or any Representative of such Stockholder solely in his or her capacity as a director or officer of the Company.

Appears in 2 contracts

Samples: Voting and Support Agreement (Endurance International Group Holdings, Inc.), Voting and Support Agreement (Musallam Ramzi M)

Capacity as a Stockholder. Stockholder makes its The Stockholders do not make any agreement or understanding herein in their capacity as being associated with a director of the Company. The Stockholders make their agreements and understandings herein solely in its capacity their capacities as the record holder and Beneficial Owner beneficial owner of the Covered Company Stockholder Owned Shares and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by Stockholder or any a Representative of a Stockholder solely in his or her capacity as a director or officer of the Company.

Appears in 2 contracts

Samples: Voting Agreement (Cpi International, Inc.), Voting Agreement (Cpi International, Inc.)

Capacity as a Stockholder. The Stockholder does not make any agreement or understanding herein in his capacity as a director or officer of the Company. The Stockholder makes its his agreements and understandings herein solely in its his capacity as the record holder and Beneficial Owner beneficial owner of the Covered Company Shares and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by the Stockholder or any Representative of Stockholder solely in his or her capacity as a director or officer of the Company.

Appears in 2 contracts

Samples: Voting Agreement (Xerox Corp), Voting Agreement (Affiliated Computer Services Inc)

Capacity as a Stockholder. The Stockholder makes its the agreements and understandings herein solely in its capacity capacities as record holder and Beneficial Owner of the Covered Company Parent Ordinary Shares and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by Stockholder or any Representative of the Stockholder solely in his or her capacity as a director or officer of the CompanyParent.

Appears in 1 contract

Samples: Support Agreement (Sezzle Inc.)

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Capacity as a Stockholder. Each Stockholder makes its agreements and understandings herein solely in its capacity as record holder and Beneficial Owner of the Covered Company Shares and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by Stockholder or any Representative of such Stockholder solely in his or her its capacity as a director or officer of the Company.

Appears in 1 contract

Samples: Voting and Support Agreement (ZAGG Inc)

Capacity as a Stockholder. Each Stockholder makes its agreements and understandings herein solely in its capacity as the record holder and Beneficial Owner beneficial owner of the Covered Company Shares and, notwithstanding Shares. Notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by any Stockholder or it Representatives and Affiliates or any Representative of Stockholder other Person solely in his or her their capacity as a director directors or officer officers of the Company, and none of such actions taken shall be deemed to constitute a breach of this Agreement by such Stockholder.

Appears in 1 contract

Samples: Voting Agreement (Accuride Corp)

Capacity as a Stockholder. Stockholder makes its The Stockholders make their agreements and understandings herein solely in its capacity their capacities as record holder holders and Beneficial Owner Owners of the Covered Company Shares and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by any Stockholder or any a Representative of any Stockholder solely in his or her capacity as a director or officer of the Company.

Appears in 1 contract

Samples: Voting Agreement (Contango ORE, Inc.)

Capacity as a Stockholder. Stockholder makes its The Stockholders make their agreements and understandings herein solely in its capacity their capacities as record holder holders and Beneficial Owner Owners of the Covered Company Shares and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by Stockholder or a representative of any Representative of Stockholder solely in his or her capacity as a director or officer of the Company.

Appears in 1 contract

Samples: Voting Agreement (BioFuel Energy Corp.)

Capacity as a Stockholder. Stockholder makes its The Stockholders do not make any agreement or understanding herein in their capacity as being associated with a director of the Company. The Stockholders make their agreements and understandings herein solely in its capacity their capacities as the record holder and Beneficial Owner beneficial owner of the Covered Company Subject Shares and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by Stockholder or any a Representative of a Stockholder solely in his or her capacity as a director or officer of the Company.

Appears in 1 contract

Samples: Voting and Standstill Agreement (Comtech Telecommunications Corp /De/)

Capacity as a Stockholder. Each Stockholder makes its agreements and understandings herein solely in its capacity as record holder and Beneficial Owner of the Covered Company Shares Securities and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by such Stockholder or any Representative of such Stockholder solely in his or her capacity as a director or officer of the Company.

Appears in 1 contract

Samples: Voting and Support Agreement (Corindus Vascular Robotics, Inc.)

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