Common use of Capacity as Stockholder Clause in Contracts

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (a) each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Stockholder or any affiliate, employee or designee of such Stockholder or any of its affiliates in its capacity, if applicable, as an officer or director of the Company, and (b) nothing herein shall in any way restrict a director or officer of the Company in the taking of any actions (or failure to act) in his or her capacity as a director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company, or prevent or be construed to create any obligation on the part of any director or officer of the Company from taking any action in his or her capacity as such director or officer.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (a) each the Stockholder signs this Agreement solely in such the Stockholder’s capacity as a Stockholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of the Stockholder in such Stockholder or any affiliate, employee or designee of such Stockholder or any of its affiliates in its capacity, if applicable, Stockholder’s capacity as an officer or and director of the Company, and (b) nothing herein shall in any way restrict a director or officer of the Company in the taking of any actions (or failure to act) in his or her capacity as a director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company, or prevent or be construed to create any obligation on the part of any director or officer of the Company from taking any action in his or her capacity as such director or officer.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (ai) each Stockholder signs this Agreement solely in such Stockholder’s its capacity as a Stockholder stockholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Stockholder or any affiliate, employee or designee of such Stockholder or any of its affiliates in its capacity, if applicable, as an officer or director of the CompanyCompany or any other Person, and (bii) nothing herein shall in any way restrict a director or officer of the Company in the taking of any actions (or failure to act) in his or her capacity as a director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company, or prevent or be construed to create any obligation on the part of any director or officer of the Company from taking any action in his or her capacity as such director or officer.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (a) each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder beneficial owner of the CompanySubject Shares, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Stockholder or Stockholder, any affiliate, employee or designee of such Stockholder Affiliate thereof or any of its affiliates their respective Representatives or designees in its capacity, if applicable, as an officer officer, director, employee or director agent of the Company, and (b) nothing herein shall in any way restrict a director director, officer, employee or officer agent of the Company in the taking of any actions (or failure to act) in his or her capacity as a director or officer of the Companysuch, or in the exercise of his or her fiduciary duties as a director or officer of the CompanyCompany or otherwise, or prevent or be construed to create any obligation on the part of any director director, officer, employee or officer agent of the Company from taking any action in his or her capacity as such director or officersuch.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (ai) each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Stockholder or any affiliate, employee or designee of such Stockholder or any of its affiliates in its capacity, if applicable, as an officer or director of the Company, and (bii) nothing herein shall in any way restrict a director or officer of the Company in the taking of any actions (or failure to act) in his or her capacity as a director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company, or prevent or be construed to create any obligation on the part of any director or officer of the Company from taking any action in his or her capacity as such director or officer.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (a) each the Stockholder signs this Agreement solely in such the Stockholder’s capacity as a Stockholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such the Stockholder or any affiliate, employee or designee of such Stockholder or any of its affiliates in its capacity, if applicable, his capacity as an officer or and director of the Company, and (b) nothing herein shall in any way restrict a director or officer of the Company in the taking of any actions (or failure to act) in his or her capacity as a director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company, or prevent or be construed to create any obligation on the part of any director or officer of the Company from taking any action in his or her capacity as such director or officer.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (ai) each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder stockholder of the Company, and not in any other capacity capacity, and this Agreement shall not limit or otherwise affect the actions of such Stockholder or any affiliate, employee or designee of such Stockholder or any of its affiliates in its capacity, if applicable, as an officer or director of the Company, and (bii) nothing herein shall in any way restrict a director or officer of the Company in the taking of any actions (or failure to act) in his or her capacity as a director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company, or prevent or be construed to create any obligation on the part of any director or officer of the Company from taking any action in his or her capacity as such director or officer.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (a) each Stockholder signs this Voting Agreement solely in such Stockholder’s its, his or her capacity as a Stockholder stockholder of the Company, and not in any other capacity and this Voting Agreement shall not limit or otherwise affect the actions of such Stockholder or Stockholder, any affiliate, employee or designee of such Stockholder Affiliate thereof or any of its affiliates their respective Representatives or designees in its capacity, if applicable, as an officer officer, director, employee or director agent of the Company, and (b) nothing herein shall in any way restrict a director director, officer, employee or officer agent of the Company in the taking of any actions (or failure to act) in his or her capacity as a director or officer of the Companysuch, or in the exercise of his or her fiduciary duties as a director or officer of the Company, or prevent or be construed to create any obligation on the part of any director director, officer, employee or officer agent of the Company from taking any action in his or her capacity as such director or officersuch.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (ai) each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Stockholder or any affiliate, employee employee, partner or designee of such Stockholder or any of its affiliates in its capacity, if applicable, as an officer or director of the Company, and (bii) nothing herein shall in any way restrict a director or officer of the Company in the taking of any actions (or failure to act) in his or her capacity as a director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company, or prevent or be construed to create any obligation on the part of any director or officer of the Company from taking any action in his or her capacity as such director or officer, and no action taken in any such capacity as an officer or director of the Company shall be deemed to constitute a breach of this Agreement.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (ai) each the Stockholder signs this Agreement solely in such the Stockholder’s capacity as a Stockholder stockholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such the Stockholder or any affiliate, employee or designee of such the Stockholder or any of its affiliates in its capacity, if applicable, as an officer or director of the CompanyCompany or any other Person, and (bii) nothing herein shall in any way restrict a director or officer of the Company in the taking of any actions (or failure to act) in his or her capacity as a director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company, or prevent or be construed to create any obligation on the part of any director or officer of the Company from taking any action in his or her capacity as such director or officer.