Common use of Capacity as Shareholder Clause in Contracts

Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his or her capacity as a shareholder of Company and it shall not apply in any manner to Shareholder in his or her capacity as a director, officer or employee of Company. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his or her fiduciary duties as a director or officer of Company, if applicable.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Home Bancshares Inc), Agreement and Plan of Merger (Home Bancshares Inc), Agreement and Plan of Merger (Home Bancshares Inc)

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Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his or her capacity as a shareholder of Company and it shall not apply in any manner to Shareholder in his or her capacity as a director, officer or employee of CompanyCompany or in any other capacity. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his or her fiduciary duties as a director or officer of Company, if applicable.

Appears in 3 contracts

Samples: Voting Agreement (Central Bancorp Inc /Ma/), Agreement and Plan of Merger (Independent Bank Corp), Voting Agreement (Bank of the Ozarks Inc)

Capacity as Shareholder. This Agreement shall apply to the Shareholder solely in his or her its capacity as a shareholder of Company the Company, and it shall not apply in any manner to the Shareholder in his or her any capacity as a director, officer or employee of Company. Nothing contained in this Agreement shall be deemed to apply to, the Company or limit in any mannerother capacity, and shall not limit or affect any actions taken by the obligations of Shareholder to comply with his or her fiduciary duties as a director or officer of Company, if applicablein any such other capacity.

Appears in 2 contracts

Samples: Voting Agreement (Bok Financial Corp Et Al), Voting Agreement (Bok Financial Corp Et Al)

Capacity as Shareholder. This If Shareholder is an individual, this Agreement shall apply to Shareholder solely in his or her capacity as a shareholder of Company and it shall not apply in any manner to Shareholder in his or her capacity capacity, if any, as a director, director or officer or employee of Company. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with Shareholder’s actions in his or her fiduciary duties capacity, if any, as a director or officer of Company, if applicable.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (C1 Financial, Inc.), Agreement and Plan of Merger (Bank of the Ozarks Inc)

Capacity as Shareholder. This Each Shareholder signs this Support Agreement shall apply to Shareholder solely in his or her Shareholder’s capacity as a shareholder of Company the Company, and it shall not apply in any manner to Shareholder in his or her capacity other capacity, including, if applicable, as a director, officer or employee of Companythe Company or any of its Subsidiaries. Nothing contained in this Agreement herein shall be deemed construed to apply tolimit or affect any actions or inactions by a Shareholder or any representative of such Shareholder, or limit in any manneras applicable, the obligations of Shareholder to comply with his or her fiduciary duties serving as a director of the Company or officer any Subsidiary of the Company, if applicableacting in such Person’s capacity as a director of the Company or any Subsidiary of the Company.

Appears in 2 contracts

Samples: Form of Company Shareholders Support Agreement (Globalink Investment Inc.), Shareholders Support Agreement (Globalink Investment Inc.)

Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his or her capacity as a shareholder of Company and it shall not apply in any manner to Shareholder in his or her capacity as a director, officer or employee director of Company. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his or her fiduciary duties as a director or officer of Company, if applicable.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Bank of the Carolinas CORP), Agreement and Plan of Merger (Bank of the Ozarks Inc)

Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his or her Shareholder’s capacity as a shareholder of Company Seller and it shall not apply in any manner to Shareholder in his or her Shareholder’s capacity as a director, officer or employee of CompanySeller or in any other capacity. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his or her Shareholder’s fiduciary duties as a director or officer of Company, if applicableSeller.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Charter Financial Corp)

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Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his his, her or her its capacity as a shareholder of Company BFC and it shall not apply in any manner to Shareholder in his his, her or her its capacity as a directordirector of BFC, officer or employee of Companyif applicable. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his his, her or her its fiduciary duties as a director or officer of CompanyBFC, if applicable.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bank First Corp)

Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his his, her or her its capacity as a shareholder of Company DBI and it shall not apply in any manner to Shareholder in his his, her or her its capacity as a directordirector of DBI, officer or employee of Companyif applicable. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his his, her or her its fiduciary duties as a director or officer of CompanyDBI, if applicable.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bank First Corp)

Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his or her capacity as a shareholder of Company Buyer and it shall not apply in any manner to Shareholder in his or her capacity as a director, officer or employee director of CompanyBuyer. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his or her fiduciary duties as a director or officer of CompanyBuyer, if applicable.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bank of the Ozarks Inc)

Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his his, her or her its capacity as a shareholder of Company FFB, and it shall not apply in any manner to Shareholder in his his, her or her its capacity as a directordirector or officer of FFB, officer or employee of Companyif applicable. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his his, her or her its fiduciary duties as a director or officer of CompanyFFB, if applicable.

Appears in 1 contract

Samples: Agreement and Plan of Merger (First Bancshares Inc /MS/)

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