Common use of Capacity as a Stockholder Clause in Contracts

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, each Stockholder signs this Agreement solely in the Stockholder’s capacity as a Stockholder of Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions or inactions of any affiliate, representative, employee or designee of the Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer, director or fiduciary of the Company or any of its subsidiaries or any other Person.

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, each the Stockholder signs is signing this Agreement solely in the Stockholdersuch person’s capacity as a Stockholder beneficial owner of CompanyEarnout Shares, and not in any other capacity and this Agreement shall not limit limit, prevent or otherwise affect the actions of the Stockholder or inactions of any affiliate, representativeAffiliate, employee or designee of the Stockholder Stockholder, or any of its affiliates their respective Affiliates in his or her capacity, if applicable, as an officer, officer or director or fiduciary of the Company or any of its subsidiaries Issuer or any other Personperson, including in the exercise of his or her fiduciary duties as a director or officer of Issuer.

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, each Stockholder signs this Agreement solely in the Stockholder’s capacity as a Stockholder of Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions or inactions of any affiliate, representative, employee or designee of the Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer, director or fiduciary of the Company or any of its subsidiaries or any other Person. ​ [The remainder of this page is intentionally left blank.]

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, each Stockholder signs this Agreement solely in the Stockholder’s capacity as a Stockholder of Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions or inactions of any affiliate, representative, employee or designee of the Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer, director or fiduciary of the Company or any of its subsidiaries or any other Person. ​ [The remainder of this page is intentionally left blank.] ​