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 or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer. The Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the Stockholder's Shares and nothing herein shall limit or affect any actions taken by the Stockholder in its capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement or required by applicable law.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer. The Each Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the such Stockholder's Subject Shares and nothing herein (including, without limitation, the provisions of Section 5(e)) shall limit or affect any actions taken by the a Stockholder in its his capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement or required by applicable lawCompany.

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

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

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer. The Each Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the such Stockholder's Subject Shares and nothing herein (including, without limitation, the provisions of Section 4(e)) shall limit or affect any actions taken by the a Stockholder in its his capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement or required by applicable lawCompany.

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

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

Stockholder Capacity. Section 9.1 No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein or is obligated hereunder in his or her capacity as such director or officer. The Each Stockholder signs solely in his or her capacity as the record holder and beneficial owner of(as further set forth on Schedule I hereto) of such Stockholder’s Subject Shares, or the trustee of a trust whose beneficiaries are the beneficial owners of, the Stockholder's Shares and nothing herein shall limit or affect any actions taken by the any Stockholder in its such Stockholder’s capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement or required by applicable lawCompany.

Stockholder Capacity. No person executing this Agreement who is is, or becomes during the term hereof hereof, a director or officer of the Company makes any representation, warranty, covenant, agreement or understanding herein in his or her capacity as such director or officerofficer and nothing herein limits such Stockholder's activities as a director or an officer of the Company. The Each Stockholder signs and agrees to be bound solely in his or her capacity as the record holder and and/or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the such Stockholder's Shares and nothing herein shall limit or affect any actions taken by the Stockholder in its capacity owned as an officer or director of the Company to the extent specifically permitted by the Merger Agreement or required by applicable lawdate hereof.

Stockholder Capacity. No person Stockholder executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer. The Each Stockholder signs executes this Agreement solely in his or her capacity as the record holder and or beneficial owner of, (or the trustee Affiliate of a trust whose beneficiaries are the such record holder or beneficial owners of, owner) of the Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder or any officer, director, partner or Affiliate of the Stockholder in his, her or its capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement or required by applicable lawCompany.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer. The Each Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the such Stockholder's Subject Shares and nothing herein (including, without limitation, the provisions of Section 3(e)) shall limit or affect any actions taken by the a Stockholder in its his capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement or required by applicable lawCompany.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer. The Each Stockholder signs solely in his or her its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by the any Stockholder in its his capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement or required by applicable lawAgreement. This Section shall survive termination of this Agreement.

Stockholder Capacity. No person executing this Agreement who is or -------------------- becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officerofficer and the provisions of this Agreement shall not restrict or limit any such person in the discharge of his or her fiduciary duties as an officer or director of the Company. The Each Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the of such Stockholder's Shares and nothing herein shall limit or affect any actions taken by the Stockholder in its capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement or required by applicable lawShares.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer. The Each Stockholder signs solely in his his, her or her its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the such Stockholder's Subject Shares and nothing herein (including, without limitation, the provisions of Section 3(e)) shall limit or affect any actions taken by the a Stockholder in his, her or its capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement or required by applicable lawCompany.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer. The Each Major Stockholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the such Major Stockholder's Shares and nothing herein (including, without limitation, the provisions of SECTION 1.6) shall limit or affect any actions taken by the a Major Stockholder in its his capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement or required by applicable lawCompany.

Stockholder Capacity. No person Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer. The Each Stockholder signs solely in his or her its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the such Stockholder's Subject Shares and nothing herein in this Agreement shall limit or affect the duties of or any actions taken by the any Stockholder in its his or her capacity as an officer or director of the Company to the extent specifically permitted by consistent with the Merger Agreement or required by applicable lawAgreement. This Section 6.3 shall survive termination of this Agreement.