Common use of Capacity as Stockholder Clause in Contracts

Capacity as Stockholder. Stockholder signs this Agreement solely in the Stockholder's capacity as a Stockholder of the Buyer, and not in the Stockholder's capacity as a director, officer or employee of the Buyer or any of its subsidiaries or in the Stockholder's capacity as a trustee or fiduciary of any ERISA plan or trust. Notwithstanding anything herein to the contrary, nothing herein shall in any way restrict a director and/or officer of the Buyer in the exercise of his or her fiduciary duties as a director and/or officer of the Buyer or in his or her capacity as a trustee or fiduciary of any ERISA plan or trust or prevent or be construed to create any obligation on the part of any director and/or officer of the Buyer or any trustee or fiduciary of any ERISA plan or trust from taking any action in his or her capacity as a director of the Buyer.

Capacity as Stockholder. Stockholder signs this Agreement solely in the Stockholder's ’s capacity as a Stockholder of the BuyerSeller, and not in the Stockholder's ’s capacity as a director, officer or employee of the Buyer Seller or any of its subsidiaries or in the Stockholder's ’s capacity as a trustee or fiduciary of any ERISA plan or trust. Notwithstanding anything herein to the contrary, nothing herein shall in any way restrict a director and/or officer of the Buyer Seller in the exercise of his or her fiduciary duties as a director and/or officer of the Buyer Seller or in his or her capacity as a trustee or fiduciary of any ERISA plan or trust or prevent or be construed to create any obligation on the part of any director and/or officer of the Buyer Seller or any trustee or fiduciary of any ERISA plan or trust from taking any action in his or her capacity as a director of the BuyerSeller.