Common use of Stockholder Capacity Clause in Contracts

Stockholder Capacity. The restrictions and covenants of the Stockholder hereunder shall not be binding, and shall have no effect, in any way with respect to any director or officer of the Company or any of its Subsidiaries in such Person’s capacity as such a director or officer, nor shall any action taken by any such director or officer in his or her capacity as such be deemed a breach by the Stockholder of this Agreement.

Appears in 14 contracts

Samples: Voting Agreement (Edgar Online Inc), Voting Agreement (Edgar Online Inc), Stockholder Agreement (SXC Health Solutions Corp.)

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Stockholder Capacity. The restrictions and covenants of the each Stockholder hereunder shall not be binding, and shall have no effect, in any way with respect to any director or officer of the Company or any of its Subsidiaries in such Person’s capacity as such a director or officer, nor shall any action taken by any such director or officer in his or her capacity as such be deemed a breach by the a Stockholder of this Agreement.

Appears in 6 contracts

Samples: Voting Agreement (Edgen Group Inc.), Voting Agreement (Akorn Inc), Voting Agreement (Hi Tech Pharmacal Co Inc)

Stockholder Capacity. The restrictions and covenants of the Stockholder hereunder shall not be binding, and shall have no effect, in any way with respect to any director or officer of the Company or any of its Subsidiaries in such Person’s capacity as such a director or officer, nor shall any action taken by any such director or officer in his or her capacity as such be deemed a breach by the Stockholder of this Agreement.

Appears in 2 contracts

Samples: Voting Agreement (Smithfield Foods Inc), Voting Agreement (Premium Standard Farms, Inc.)

Stockholder Capacity. The restrictions and covenants of the each Stockholder hereunder shall not be binding, and shall have no effect, in any way with respect to any Affiliate or designee of such Stockholder or such Stockholder in his, her or its capacity as an officer or director or officer of the Company or any of its Subsidiaries in such Person’s capacity as such a director or officerCompany, nor shall any action or inaction taken by any such director Stockholder in his, her or officer in his or her its capacity as an officer or director of the Company or by any Affiliate or designee of such Stockholder be deemed a breach by the such Stockholder of this AgreementAgreement (it being understood that this Agreement shall apply to the Stockholder solely in the Stockholder’s capacity as a stockholder of the Company).

Appears in 2 contracts

Samples: Form of Voting Agreement (Lyris, Inc.), Form of Voting Agreement (Mac-Gray Corp)

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Stockholder Capacity. The restrictions and covenants of the each Stockholder hereunder shall not be binding, and shall have no effect, in any way with respect to any director or officer of the Company MSLO or any of its Subsidiaries in such Person’s capacity as such a director or officer, nor shall any action taken by any such director or officer in his or her capacity as such be deemed a breach by the a Stockholder of this Agreement.

Appears in 1 contract

Samples: Voting and Support Agreement (Martha Stewart Living Omnimedia Inc)

Stockholder Capacity. The restrictions and covenants of the each Stockholder hereunder shall not be binding, and shall have no effect, in any way with respect to any director or officer of the Company MSLO or any of its Subsidiaries in such Person’s capacity as such a director or officer, nor shall any action taken by any such director or officer in his or her capacity as such be deemed a breach by the a Stockholder of this Agreement.. [The remainder of this page is intentionally left blank]

Appears in 1 contract

Samples: Voting and Support Agreement (Sequential Brands Group, Inc.)

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