Stockholder Capacity. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall (or shall require any Stockholder to attempt to) affect or limit any Stockholder who is a director or officer of the Company from acting in such capacity (it being understood that this Agreement shall apply to each Stockholder solely in each Stockholder’s capacity as a stockholder of the Company).
Appears in 6 contracts
Samples: Tender and Support Agreement (Teva Pharmaceutical Industries LTD), Tender and Support Agreement (Kenexa Corp), Tender and Support Agreement (Kenexa Corp)
Stockholder Capacity. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall (or shall require any Stockholder to attempt to) affect or limit any Affiliate of Stockholder who is a director or officer of the Company from acting in such capacity (capacity, it being understood that this Agreement shall apply to each Stockholder solely in each Stockholder’s capacity as a stockholder of the Company).
Appears in 4 contracts
Samples: Tender and Support Agreement (General Electric Co), Tender and Support Agreement (General Electric Co), Tender and Support Agreement (Clarient, Inc)
Stockholder Capacity. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall (or shall require any the Stockholder to attempt to) affect limit or limit any restrict the Stockholder who is a director or officer of the Company from acting in such capacity (it being understood that this Agreement shall apply to each the Stockholder solely in each the Stockholder’s capacity as a stockholder of the Company).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Gateway Inc), Agreement and Plan of Merger (Acer Inc), Tender and Support Agreement (Acer Inc)
Stockholder Capacity. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall (or shall require any Stockholder to attempt to) affect or limit any Stockholder who is a director or officer of the Company from acting in such capacity (it being understood that this Agreement shall apply to each Stockholder solely in each Stockholder’s capacity as a stockholder of the Company).
Appears in 3 contracts
Samples: Tender and Support Agreement (Flir Systems Inc), Tender and Support Agreement (Flir Systems Inc), Tender and Support Agreement (Icx Technologies Inc)
Stockholder Capacity. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall (or shall require any Stockholder to attempt to) limit, restrict or otherwise affect or limit any Stockholder who is a director or officer of the Company or any of its Subsidiaries from acting in such capacity (it being understood that this Agreement shall apply to each Stockholder solely in each Stockholder’s capacity as a stockholder holder of the CompanySubject Shares) or from fulfilling the obligations and responsibilities of such office (including the performance of obligations required by the fiduciary obligations and responsibilities under applicable Law of such Stockholder acting solely in his or her capacity as a director or officer).
Appears in 2 contracts
Samples: Tender and Support Agreement (Wind River Systems Inc), Tender and Support Agreement (Intel Corp)
Stockholder Capacity. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall (or shall require any the Stockholder to attempt to) affect limit or limit any Stockholder restrict the Stockholders who is a director are directors or officer officers of the Company from acting in such capacity (it being understood that this Agreement shall apply to each such Stockholder solely in each Stockholder’s his capacity as a stockholder of the Company).
Appears in 2 contracts
Samples: Tender and Support Agreement (Independent Brewers United, Inc.), Tender and Support Agreement (Magic Hat Brewing Co & Performing Arts Center Inc)
Stockholder Capacity. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall (or shall require any Stockholder to attempt to) affect or limit any Stockholder who is a director or officer of the Company from acting in such capacity (it being understood that this Agreement shall apply to each Stockholder solely in each Stockholder’s 's capacity as a stockholder of the Company).
Appears in 1 contract
Stockholder Capacity. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall (or shall require any Stockholder to attempt to) affect limit or limit restrict any Stockholder who is a director or officer of the Company from acting in such capacity (it being understood that this Agreement shall apply to each Stockholder solely in each Stockholder’s capacity as a stockholder holder of the Subject Shares), including in the case of any Stockholder who is a director from voting in such person’s sole discretion in meetings or written consents of the Company)’s board of directors.
Appears in 1 contract
Stockholder Capacity. Notwithstanding any provision of this Agreement to the contrary, nothing Nothing in this Agreement shall limit or restrict the Stockholder (if he or shall require any Stockholder to attempt to) affect or limit any Stockholder who is she serves as a director or officer member of the Company Board) from acting in such his or her capacity (as a director of the Company and exercising his or her fiduciary duties and responsibilities, it being understood that this Agreement shall apply to each the Stockholder solely in each Stockholder’s his or her capacity as a stockholder of the Company and shall not apply to any such actions, judgments or decisions as a director of the Company).
Appears in 1 contract
