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 the record holder and beneficial owner of the Covered Shares.

Capacity as a Stockholder. Stockholder is entering into this Agreement and makes its Stockholder’s representations, warranties, agreements and understandings herein solely in its Stockholder’s capacity as the a record holder and beneficial owner Beneficial Owner of the Covered SharesCompany Shares and not in any other capacity, including but not limited to any director, officer, employee or other capacity with the Company.