Common use of Stockholder Capacity Clause in Contracts

Stockholder Capacity. So long as a Stockholder or a representative of such Stockholder is an officer or director of the Company, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions, judgment or decisions taken by such Stockholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations and responsibilities of such office (including the performance of obligations required by the fiduciary obligations and responsibilities of such Stockholder acting solely in his or her capacity as an officer or director), it being agreed and understood that this Agreement shall apply to such Stockholder solely in his or its capacity as a stockholder.

Stockholder Capacity. So long as a Stockholder or a representative of such To the extent that the Stockholder is an officer or director of the CompanyCompany or any of its Subsidiaries, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions, judgment or decisions actions taken by such the Stockholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations and responsibilities of such office (including the performance of obligations required by the fiduciary obligations and responsibilities duties of such the Stockholder acting solely in his or her capacity as an officer or director), it being agreed and understood that this Agreement shall apply to such Stockholder solely in his or its capacity as a stockholder.

Stockholder Capacity. So long as a Stockholder or a representative of such To the extent that Stockholder is an officer or director of the CompanyCompany or any of its Subsidiaries, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions, judgment or decisions actions taken by such Stockholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations and responsibilities of such office (including the performance of obligations required by the fiduciary obligations and responsibilities duties of such Stockholder acting solely in his or her capacity as an officer or director), it being agreed and understood that this Agreement shall apply to none of such Stockholder solely actions in his or its such capacity as an officer or director shall be deemed to constitute a stockholderbreach of this Agreement.

Stockholder Capacity. So long as a Stockholder or a representative of such Stockholder is an officer or director of the CompanyParent, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions, judgment or decisions taken by such Stockholder in his or her capacity as an officer or director of the Company Parent or any of its Subsidiaries or from fulfilling the obligations and responsibilities of such office (including the performance of obligations required by the fiduciary obligations and responsibilities of such Stockholder acting solely in his or her capacity as an officer or director), it being agreed and understood that this Agreement shall apply to such Stockholder solely in his or its capacity as a stockholder.

Stockholder Capacity. So long as a Stockholder or a representative of such To the extent that Stockholder is an officer or director of the Company, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions, judgment or decisions actions taken by such Stockholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations and responsibilities of such office (including the performance of obligations required by the fiduciary obligations and responsibilities duties of such Stockholder acting solely in his or her capacity as an officer or director), it being agreed and understood that this Agreement shall apply to none of such Stockholder solely actions in his or its such capacity as an officer or director shall be deemed to constitute a stockholderbreach of this Agreement.

Stockholder Capacity. So long If and to the extent any director or executive officer of any of the entities constituting the Stockholder executing this Agreement is or becomes during the term of this Agreement a director or officer of Archipelago, such Stockholder shall not be deemed to make any agreement or understanding herein in his or her capacity as a director or officer of Archipelago. The Stockholder is entering into this Agreement solely in such Stockholder's capacity as the record holder or a representative beneficial owner of such Stockholder is an Stockholder's Shares and nothing herein shall limit or affect any actions taken by any director or executive officer or director of any of the Company, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions, judgment or decisions taken by such entities constituting the Stockholder in his or her capacity as an a director or officer or director of Archipelago to the Company or any of its Subsidiaries or from fulfilling the obligations and responsibilities of extent such office (including the performance of obligations required actions are permitted by the fiduciary obligations and responsibilities of such Stockholder acting solely in his or her capacity as an officer or director), it being agreed and understood that this Agreement shall apply to such Stockholder solely in his or its capacity as a stockholderMerger Agreement.

Stockholder Capacity. So long as a Stockholder or a representative of such To the extent that Stockholder is an officer or director of the CompanyParent, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions, judgment or decisions actions taken by such Stockholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations and responsibilities of such office (including the performance of obligations required by the fiduciary obligations and responsibilities duties of such Stockholder acting solely in his or her capacity as an officer or director), it being agreed and understood that this Agreement shall apply to none of such Stockholder solely actions in his or its such capacity as an officer or director shall be deemed to constitute a stockholderbreach of this Agreement.

Stockholder Capacity. So long as a Stockholder or a representative of such Stockholder is an officer or director of the Company, nothing in this Agreement shall be construed as preventing prohibiting, preventing, precluding or otherwise affecting any actionsactions taken, judgment or decisions taken not taken, by such Stockholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations and responsibilities of such office (including including, subject to the limitations contained in Section 5.3 of the Merger Agreement, the performance of obligations required by the fiduciary obligations and responsibilities of such Stockholder acting solely in his or her capacity as an officer or director), it being agreed and understood that this Agreement shall apply to such Stockholder solely in his or its capacity as a stockholder.

Stockholder Capacity. So long as a Stockholder or a representative of such Stockholder is an officer or director of the Company, nothing in this Agreement shall be construed as preventing preventing, limiting or otherwise affecting any actions, judgment actions taken (or decisions taken not taken) by such Stockholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations and responsibilities of such office (including including, without limitation, the performance of obligations required by the fiduciary obligations and responsibilities of such Stockholder acting solely in his or her capacity as an officer or director), it being agreed and understood that this Agreement shall apply to such Stockholder solely in his or its capacity as a stockholder.

Stockholder Capacity. So long as a Stockholder or a representative of such Stockholder is an officer or director of the Company, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions, judgment or decisions actions taken by such Stockholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations and responsibilities of such office (including the performance of obligations required by the fiduciary obligations and responsibilities of such Stockholder acting solely in his or her capacity as an officer or director), it being agreed and understood that this Agreement shall apply to such Stockholder solely in his or its capacity as a stockholder.