Common use of Shareholder Capacity Clause in Contracts

Shareholder Capacity. No person executing this Agreement, or any officer, director, partner, employee, agent or representative of such Person, who is or becomes during the term of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officer. Each Shareholder is entering into this Agreement solely in his capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Shareholder’s Shares and nothing herein shall limit or affect any actions taken by a Shareholder in his capacity as a director or officer of the Company.

Appears in 3 contracts

Samples: Shareholders Agreement (Kos Pharmaceuticals Inc), Shareholders Agreement (Abbott Laboratories), Shareholders Agreement (Jaharis Mary)

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Shareholder Capacity. No person executing this Agreement, or any officer, director, partner, employee, agent or representative of such Person, Agreement who is or becomes during the term of this Agreement hereof a director or officer of the Company shall be deemed to make (or who has designated a director or officer of the Company) makes any agreement or understanding herein in this Agreement in such Person’s his or her capacity as a such director or officer (or with respect to any such designated director or officer, in his capacity as such). Each Shareholder is entering into this Agreement signs solely in his or her capacity as the record holder or and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Shareholder’s Subject Shares and nothing herein shall limit or affect any actions taken by a Shareholder (or such Shareholder’s designee(s)) in his its capacity as a an officer or director or officer of the Company.Company to the extent not prohibited by the Arrangement Agreement. * * * * *

Appears in 3 contracts

Samples: Arrangement Agreement (Mdsi Mobile Data Solutions Inc /Can/), Arrangement Agreement (Mdsi Mobile Data Solutions Inc /Can/), Support Agreement (Mdsi Mobile Data Solutions Inc /Can/)

Shareholder Capacity. No person Person executing this Agreement, or nor any officer, director, partner, employee, agent or representative of such Person, who is or becomes during the term of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s 's capacity as a director or officer. Each Shareholder is entering into this Agreement solely in his or her capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Shareholder’s 's Subject Shares and nothing herein shall limit or affect any actions taken by a Shareholder in his or her capacity as a director or officer of the Company.

Appears in 2 contracts

Samples: Voting Agreement (Koosharem CORP), Voting Agreement (Koosharem CORP)

Shareholder Capacity. No person Person executing this Agreement, or any officer, director, partner, employee, agent or representative of such Person, Agreement who is or becomes during the term of this Agreement hereof a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officer. Each Insight Shareholder is entering into this Agreement solely in his its capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Shareholder’s Subject Shares and nothing herein shall limit or affect any actions taken by a an Insight Shareholder in his its capacity as a director or officer of the Company.

Appears in 1 contract

Samples: Insight Voting Agreement (Insight Communications Co Inc)

Shareholder Capacity. No person Person executing this Agreement, or nor any officer, director, partner, employee, agent or representative of such Person, who is or becomes during the term of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officer. Each Shareholder is entering into this Agreement solely in his or her capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Shareholder’s Subject Shares and nothing herein shall limit or affect any actions taken by a Shareholder in his or her capacity as a director or officer of the Company.

Appears in 1 contract

Samples: Voting Agreement (Remedytemp Inc)

Shareholder Capacity. No person Person executing this Agreement, or any officer, director, partner, employee, agent or representative of such Person, who is or becomes during the term of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officerofficer of the Company. Each Shareholder is entering into this Agreement solely in his capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Shareholder’s Shares and nothing herein shall limit or affect any actions taken by a Shareholder in his capacity as a director or officer of the Company.

Appears in 1 contract

Samples: Tender Agreement (Eurand N.V.)

Shareholder Capacity. No person Person executing this Agreement, or any officer, director, partner, employee, agent or representative of such Person, who is or becomes during the term of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officerofficer of the Company. Each The Shareholder is entering into this Agreement solely in his capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such the Shareholder’s Shares Securities and nothing herein shall limit or affect any actions taken by a the Shareholder in his capacity as a director or officer of the Company.

Appears in 1 contract

Samples: Tender Agreement (Eurand N.V.)

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Shareholder Capacity. No person Person executing this Agreement, or nor any officer, director, partner, employee, agent or representative of such Person, who is or becomes during the term of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s 's capacity as a director or officer. Each The Shareholder is entering into this Agreement solely in his or her capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such the Shareholder’s 's Subject Shares and nothing herein shall limit or affect any actions taken by a the Shareholder in his or her capacity as a director or officer of the Company.

Appears in 1 contract

Samples: Voting Agreement (Koosharem CORP)

Shareholder Capacity. No person executing this Agreement, or any officer, director, partner, employee, agent or representative of such Person, Agreement who is or becomes during the term of this Agreement hereof a director or officer of the Company shall be deemed to make makes any agreement or understanding herein in this Agreement in such Person’s his or her capacity as a director or officer. Each Shareholder is entering into The person(s) signing this Agreement as Shareholder are doing so solely in his his, her or its capacity as the record holder or beneficial owner of, or as the trustee of a trust whose beneficiaries are which is the record or beneficial owners owner of, such Shareholder’s Shares shares of Company Common Stock, and nothing herein shall limit or affect any actions taken by the Shareholder (or a Shareholder trustee or beneficiary of a trust which is a Shareholder) in his or her capacity as a an officer or director or officer of the Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Kenan Transport Co)

Shareholder Capacity. No person Notwithstanding any provision herein to the contrary, no Person executing this Agreement, or any officer, director, partner, employee, agent or representative of such Person, Agreement who is or becomes during the term of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s 's capacity as a director or officer. Each Shareholder is entering into this Agreement solely in his or her capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Shareholder’s 's Subject Shares and nothing herein shall limit or affect any actions taken by a Shareholder in his or her capacity as a director or officer of the CompanyCompany to the extent specifically permitted by the Merger Agreement or following the termination of the Merger Agreement.

Appears in 1 contract

Samples: Voting Agreement (Dave & Busters Inc)

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