Common use of Stockholder Capacity Clause in Contracts

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trustee. Each Stockholder signs solely in his or her capacity as the Beneficial Owner of such Stockholder's Shares.

Appears in 3 contracts

Samples: Stockholders Agreement (Belo a H Corp), Stockholders Agreement (Access Solutions International Inc), Stockholders Agreement (Providence Journal Co)

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Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company or trustee of a trust Seller makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each Stockholder signs solely in his or her capacity as the Beneficial Owner record and/or beneficial owner of such Stockholder's Shares.

Appears in 3 contracts

Samples: Stockholders Agreement (P&f Acquisition Corp), Stockholders Agreement (Metromedia Co Et Al), Stockholders Agreement (Metromedia International Group Inc)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company Acquiror or a trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trustee. Each Stockholder signs solely in his or her capacity as the Beneficial Owner of such Stockholder's Shares.

Appears in 2 contracts

Samples: Stockholders Agreement (Providence Journal Co), Stockholders Agreement (Belo a H Corp)

Stockholder Capacity. No person executing this Agreement who is --------------------- or becomes during the term hereof a director or officer of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteeofficer. Each Stockholder signs solely in his or her capacity as the Beneficial Owner record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares.

Appears in 2 contracts

Samples: Stockholder Agreement (Bird Corp), Execution Copy (Bi Expansion Ii Corp)

Stockholder Capacity. No person Person executing this Agreement who is or becomes during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each Stockholder signs is signing this Agreement solely in his or her its capacity as the record and Beneficial Owner of, or the trustee of such Stockholder's a trust whose beneficiaries are the Beneficial Owners of, Shares.

Appears in 2 contracts

Samples: Tender and Voting Agreement (Steel Excel Inc.), Tender and Voting Agreement (iGo, Inc.)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director member of the Company or trustee of a trust Board makes any agreement or understanding herein in his or her capacity as such director or trusteemember of the Board. Each Stockholder who signs this Agreement signs solely in his or her capacity as the Beneficial Owner record and/or beneficial owner of such Stockholder's Sharesshares of Common Stock of the Company.

Appears in 2 contracts

Samples: Voting Agreement (Big Entertainment Inc), Voting Agreement (Hollywood Com Inc)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each Stockholder signs solely in his or her capacity as the Beneficial Owner record and beneficial owner ow, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares.

Appears in 2 contracts

Samples: Stockholders Agreement (Comforce Corp), Stockholders Agreement (Uniforce Services Inc)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each The Stockholder signs solely in his or her capacity as the Beneficial Owner record and beneficial owner of, or the trustee of such a trust whose beneficiaries are the beneficial owners of, the Stockholder's Shares.

Appears in 2 contracts

Samples: Stockholders Agreement (Ero Inc), Stockholders Agreement (Hc Acquisition Corp)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteeofficer. Each Stockholder signs solely in his or her capacity as the Beneficial Owner record and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares.

Appears in 2 contracts

Samples: Stockholders Agreement (Massachusetts Mutual Life Insurance Co), Stockholders Agreement 2 Stockholders Agreement (Mutual Risk Management LTD)

Stockholder Capacity. No person Person executing this Agreement who is or becomes during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each The Stockholder signs solely in his or her capacity as the Beneficial Owner of such Stockholder's Shares.record and/or

Appears in 2 contracts

Samples: Jalovec Voting Agreement (Churchill Environmental & Industrial Equity Partners Lp), Stock Purchase Agreement (Churchill Environmental & Industrial Equity Partners Lp)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each Stockholder signs solely in his or her capacity as the Beneficial Owner record and/or beneficial owner of such Stockholder's Shares.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (American List Corp), Stockholders Agreement (Snyder Communications Inc)

Stockholder Capacity. No person executing this Agreement who -------------------- is or becomes during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each Stockholder Shareholder signs solely in his or her capacity as the Beneficial Owner owner of, or the trustee of a trust whose beneficiaries are the owners of, such Stockholder's Shareholder Shares.

Appears in 2 contracts

Samples: Stock Tender Agreement (Armstrong World Industries Inc), Stock Tender Agreement (Armstrong World Industries Inc)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her such Stockholder's capacity as such a director or trusteeofficer of the Company or any Subsidiary of the Company. Each Stockholder signs solely in his or her such Stockholder's capacity as the Beneficial Owner beneficial owner of such Stockholder's Shares.such

Appears in 2 contracts

Samples: Tender and Option Agreement (M Acquisition Corp), Tender and Option Agreement (Marcam Solutions Inc)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof of this Agreement a director member of the Board of Directors of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteea member of the Board of Directors. Each Stockholder signs is executing and delivering this Agreement solely in his or her Stockholder's capacity as the Beneficial Owner record and beneficial owner of such the Stockholder's Subject Shares.

Appears in 2 contracts

Samples: Voting Agreement (Vector Merger Corp), Voting Agreement (Vestcom International Inc)

Stockholder Capacity. No person or entity executing this Agreement Agreement, or any officer, director, partner, employee, agent or representative of such person or entity, who is or becomes during the term hereof of this Agreement a director or officer of the Company Company, shall be deemed to make any agreement or understanding in this Agreement in such person's capacity as a director or officer of the Company. The Stockholder is entering into this Agreement solely in its capacity as the record holder or beneficial owner of, or the trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trustee. Each Stockholder signs solely in his or her capacity as whose beneficiaries are the Beneficial Owner of such beneficial owners of, the Stockholder's Shares.

Appears in 1 contract

Samples: Tender and Voting Agreement (VGI Acquisition Corp)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each Stockholder signs solely in his or her capacity as the Beneficial Owner record and beneficial owner of such Stockholder's Subject Shares.

Appears in 1 contract

Samples: Voting Agreement (Medicis Pharmaceutical Corp)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company or trustee of a trust Partner makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each Stockholder signs solely in his or her capacity as the Beneficial Owner of such Stockholder's Shares.record and

Appears in 1 contract

Samples: Partner Voting Agreement (Stone Energy Corp)

Stockholder Capacity. No person executing this Agreement who is or -------------------- becomes during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each Stockholder signs solely in his or her capacity as the Beneficial Owner record and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's SharesCommon Stock. 7.

Appears in 1 contract

Samples: Stockholder Agreement (Afc Enterprises Inc)

Stockholder Capacity. No person executing this Agreement agreement who is or becomes during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteea director. Each Stockholder signs this Agreement solely in his his, her or her its capacity as the Beneficial Owner beneficial and record owner of such Stockholder's Sharesshares of Common Stock.

Appears in 1 contract

Samples: Stockholders Agreement (Refco Inc.)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company Parent or trustee any of a trust its Subsidiaries makes any agreement or understanding herein in his or her capacity as such director or trusteeofficer. Each The Stockholder signs solely in his or her capacity as the Beneficial Owner record holder and beneficial owner of, or the trustee of such a trust whose beneficiaries are the beneficial owners of, the Stockholder's SharesSubject Shares and nothing herein shall limit or affect any actions taken by the Stockholder in his capacity as an officer or director of Parent.

Appears in 1 contract

Samples: Stockholder Agreement (Alliance Imaging Inc /De/)

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Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company Parent or trustee any of a trust its Subsidiaries makes any agreement or understanding herein in his or her capacity as such director or trusteeofficer. Each Stockholder signs solely in his or her its capacity as the Beneficial Owner record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's SharesSubject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his or its capacity as an officer or director of Parent.

Appears in 1 contract

Samples: Stockholder Agreement (Alliance Imaging Inc /De/)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteeofficer. Each Stockholder signs solely in his or her capacity as the Beneficial Owner record and beneficial owner of such Stockholder's Shares.

Appears in 1 contract

Samples: Stockholders' Voting Agreement (Jenny Craig Inc/De)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company or trustee of a trust Partner makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each Stockholder signs solely in his or her capacity as the Beneficial Owner record and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares.

Appears in 1 contract

Samples: Partner Voting Agreement (Basin Exploration Inc)

Stockholder Capacity. No person executing this Agreement who is or becomes or designates or has the capacity to designate during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteein behalf of any such designee. Each Stockholder signs solely in his or her such Stockholder's capacity as the Beneficial Owner record and beneficial owner of such Stockholder's the Shares.

Appears in 1 contract

Samples: Conformed Execution (Cyprus Amax Minerals Co)

Stockholder Capacity. No person executing this Agreement (or an affiliate thereof) who is or becomes during the term hereof Term a director of the Company or trustee of a trust Parent makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each Stockholder signs solely in his or her capacity as the Beneficial Owner record and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Shares’s Covered Securities.

Appears in 1 contract

Samples: Voting Agreement (Plains Exploration & Production Co)

Stockholder Capacity. No person executing this Agreement who is --------------------- is, or becomes during the term hereof hereof, a director or officer of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteeofficer. Each Stockholder signs this Agreement solely in his or her capacity as the record and Beneficial Owner of such Stockholder's SharesShares and Options.

Appears in 1 contract

Samples: Stockholders' Agreement (Agfa Corp)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each Stockholder signs solely in his or her capacity as the Beneficial Owner record and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares.

Appears in 1 contract

Samples: Company Voting Agreement (Stone Energy Corp)

Stockholder Capacity. No person individual executing this Agreement who is or becomes during the term hereof a director of the Company or trustee shall, by reason of a trust makes this Agreement, be deemed to have made any agreement or entered into any understanding herein in his or her capacity as such director or trusteedirector. Each The Stockholder signs has signed this Agreement solely in his or her capacity as the Beneficial Owner beneficial owner of such Stockholder's the Shares.

Appears in 1 contract

Samples: Non Competition, Non Solicitation and Non Hire Agreement (Peoplesoft Inc)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each Stockholder signs solely in his or her capacity as the record and Beneficial Owner of, or the trustee of a trust whose beneficiaries are the Beneficial Owners of, such Stockholder's SharesShares and Options.

Appears in 1 contract

Samples: Stockholders Agreement (Citrix Systems Inc)

Stockholder Capacity. No person executing this Agreement --------------------- who is or becomes or designates or 18 has the capacity to designate during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteein behalf of any such designee. Each Stockholder signs solely in his or her such Stockholder's capacity as the Beneficial Owner record and beneficial owner of such Stockholder's the Shares.

Appears in 1 contract

Samples: Stockholder Agreement (Amax Gold Inc)

Stockholder Capacity. No person Stockholder executing this Agreement who is or becomes during the term hereof a director or officer of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such a director or trusteeofficer. Each Stockholder signs executes this Agreement solely in his or her its capacity as the Beneficial Owner record holder or beneficial owner (or affiliate of such record holder or beneficial owner) of such Stockholder's Shares’s Subject Shares and for its account only.

Appears in 1 contract

Samples: Support Agreement (Cambridge Display Technology, Inc.)

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of the Company or trustee of a trust makes any agreement or understanding herein in his or her capacity as such director or trusteedirector. Each Stockholder signs solely in his or her capacity as the Beneficial Owner record and beneficial owner of such Stockholder's Shares. 7.

Appears in 1 contract

Samples: Stockholders Agreement Agreement (Cuc International Inc /De/)

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