Common use of Action in Shareholder Capacity Only Clause in Contracts

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s capacity as the Beneficial Owner of such Shareholder’s Owned Securities and nothing in this Agreement restricts or limits any action taken by such Shareholder in its capacity as a director or officer of the Company or any of its Affiliates and the taking of any actions (or failure to act) in its capacity as an officer or director of the Company, or any of its Affiliates, will not be deemed to constitute a breach of this Agreement, regardless of the circumstances thereto.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Shareholder solely in such Shareholder’s his, her or its capacity as the Beneficial Owner owner of such Shareholder’s Owned Securities Shareholder Shares and that nothing in this Agreement restricts shall in any way restrict or limits limit any action actions taken by such Shareholder the Shareholders in its any other capacity including without limitation as a director director, officer, employee or officer of the Company or any of its Affiliates and the taking of any actions (or failure to act) in its capacity as an officer or director agent of the Company, or any of its Affiliates, will not be deemed to constitute a breach of this Agreement, regardless of the circumstances thereto.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s its capacity as owner of the Beneficial Owner of such Shareholder’s Owned Securities Shareholder Shares and that nothing in this Agreement restricts shall in any way restrict or limits limit the Shareholder, or any person who is an Affiliate of Shareholder, or any other officer or director of the Company, from taking or refraining from taking any action taken by such Shareholder in its his or her capacity as a director or officer of the Company that is necessary for him or any her to comply with her or her fiduciary or other duties as a director or officer of its Affiliates and the taking of any actions (or failure to act) in its capacity as an officer or director of the Company, or any of its Affiliates, will not be deemed to constitute a breach of this Agreement, regardless of the circumstances thereto.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s his capacity as owner of the Beneficial Owner of such Shareholder’s Owned Securities Shareholder Shares and that nothing in this Agreement restricts shall in any way restrict or limits limit any director or officer of the Company from taking any action taken by such Shareholder in its his or her capacity as a director or officer of the Company that is necessary for him or any of its Affiliates and the taking of any actions (her to comply with his or failure to act) in its capacity her fiduciary duties as an a director or officer or director of the Company, including, without limitation, participating in his or any of its Affiliates, will not be deemed to constitute her capacity as a breach of this Agreement, regardless director of the circumstances theretoCompany in any discussions or negotiations in accordance with Section 5.3 of the Merger Agreement.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s capacity as the Beneficial Owner of such Shareholder’s Owned Securities and nothing in this Agreement restricts or limits any action taken by such each Shareholder in its capacity as a owner of its Shareholder's Shares and that nothing in this Agreement shall in any way restrict or limit any director or officer of the Company or from taking any of its Affiliates and the taking of any actions (or failure to act) action in its his capacity as an officer or a director of the Company that is necessary for him to comply with his fiduciary duties as a director of the Company, or any of its Affiliatesincluding, will not be deemed to constitute without limitation, participating in his capacity as a breach of this Agreement, regardless director of the circumstances theretoCompany in any discussions or negotiations permitted by Section 4.2 of the Tender Agreement.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Shareholder solely in such Shareholder’s his, her or its capacity as owner of the Beneficial Owner of such Shareholder’s Owned Securities Shareholder Shares and that nothing in this Agreement restricts shall in any way restrict or limits limit any director or officer of the Company from taking any action taken by such Shareholder in its his or her capacity as a director or officer of the Company that is necessary for him or any of its Affiliates and the taking of any actions (her to comply with his or failure to act) in its capacity her fiduciary duties as an a director or officer or director of the Company, including, without limitation, participating in his or any of its Affiliates, will not be deemed to constitute her capacity as a breach of this Agreement, regardless director of the circumstances theretoCompany in any discussions or negotiations in accordance with Section 7.3 of the Merger Agreement.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Shareholder solely in such Shareholder’s capacity as the Beneficial Owner of such Shareholder’s Owned Securities Shares and nothing in this Agreement restricts or limits any action taken by such Shareholder solely in its his or her capacity as a director or officer of the Company (but not on his or any of its Affiliates her own behalf as a shareholder) and the taking of any actions (or failure to act) solely in its his or her capacity as an officer or director of the Company, or any of its Affiliates, Company will not be deemed to constitute a breach of this Agreement, regardless of the circumstances thereto.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s its capacity as owner of the Beneficial Owner of such Shareholder’s Owned Securities Shareholder Shares and that nothing in this Agreement restricts shall in any way restrict or limits limit the Shareholder, or any other officer or director of the Company, from taking or refraining from taking any action taken by such Shareholder in its his or her capacity as a director or officer of the Company or any of its Affiliates and the taking of any actions (or failure to act) in its capacity as an officer or director of the Company, or any of its Affiliates, will not be deemed to constitute a breach of this Agreement, regardless of the circumstances thereto.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s his capacity as owner of the Beneficial Owner of such Shareholder’s Owned Securities Shares only, and that nothing in this Agreement restricts shall in any way restrict or limits limit Shareholder from taking any action taken by such Shareholder in its his capacity as a director or officer of the Company, including, without limitation, participating in his capacity as a director or officer of the Company in any discussions or any of its Affiliates and the taking of any actions (or failure to act) negotiations in its capacity as an officer or director accordance with Section 5.02 of the Company, or any of its Affiliates, will not be deemed to constitute a breach of this Merger Agreement, regardless of the circumstances thereto.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s capacity as owner of the Beneficial Owner of such Shareholder’s Owned Securities Shareholder Shares and that nothing in this Agreement restricts shall in any way restrict or limits limit Shareholder from taking any action taken by such Shareholder in its capacity as a director or officer of the Company or any of its Affiliates and the taking of any actions (or failure to act) in its his capacity as an officer or director of the CompanyCompany that, in such person’s good faith determination, is necessary for Shareholder to comply with his fiduciary duties as an officer or any of its Affiliates, will not be deemed to constitute a breach of this Agreement, regardless director of the circumstances theretoCompany.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s his or her capacity as the Beneficial Owner beneficial owner of such Shareholder’s Owned Securities the Shares beneficially owned by him or her, and nothing in this Agreement restricts shall in any way restrict or limits limit any action taken or to be taken (or failure to act) by such Shareholder in its any capacity as a director or officer of the Company or any of its Affiliates and the taking of any actions (or failure to act) in its his or her capacity as an officer or director of the Company, or any of its Affiliates, Company will not be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s his capacity as the Beneficial Owner of such Shareholder’s the Owned Securities Shares and nothing in this Agreement restricts shall in any way restrict or limits limit any action taken or to be taken (or failure to act) by such Shareholder in its his capacity as a director or officer of the Company or any of its Affiliates (but not on his own behalf as a shareholder) and the taking of any actions (or failure to act) in its his capacity as an officer or director of the Company, or any of its Affiliates, Company will not be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by the Shareholder solely in such Shareholder’s his, her or its capacity as the Beneficial Owner owner of such Shareholder’s Owned Securities Shareholder Shares and that nothing in this Agreement restricts shall in any way restrict or limits limit any action actions taken by such the Shareholder in its capacity any other capacity, including without limitation as a director director, officer, employee or officer of the Company or any of its Affiliates and the taking of any actions (or failure to act) in its capacity as an officer or director agent of the Company, or any of its Affiliates, will not be deemed to constitute a breach of this Agreement, regardless of the circumstances thereto.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s capacity as owner of the Beneficial Owner of such Shareholder’s Owned Securities Shareholder Shares and that nothing in this Agreement restricts shall in any way restrict or limits limit Shareholder from taking any action taken by such Shareholder in its capacity as a director or officer of the Company or any of its Affiliates and the taking of any actions (or failure to act) in its her capacity as an officer or director of the CompanyCompany that, in such person’s good faith determination, is necessary for Shareholder to comply with her fiduciary duties as an officer or any of its Affiliates, will not be deemed to constitute a breach of this Agreement, regardless director of the circumstances theretoCompany.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s its capacity as owner of the Beneficial Owner of such Shareholder’s Owned Securities Shareholder Shares and that nothing in this Agreement restricts shall in any way restrict or limits limit any director or officer of the Company from taking any action taken by such Shareholder in its his or her capacity as a director or officer of the Company that is necessary for him or any of its Affiliates and the taking of any actions (her to comply with his or failure to act) in its capacity her fiduciary duties as an a director or officer or director of the Company, including, without limitation, participating in his or any of its Affiliates, will not be deemed to constitute her capacity as a breach of this Agreement, regardless director of the circumstances theretoCompany in any discussions or negotiations in accordance with Section 5.3 of the Merger Agreement.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Shareholder solely in such Shareholder’s his, her or its capacity as the Beneficial Owner owner of such Shareholder’s Owned Securities Shareholder Shares and that nothing in this Agreement restricts shall in any way restrict or limits limit any action actions taken by such Shareholder the Shareholders in its capacity any other capacity, including without limitation as a director director, officer, employee or officer of the Company or any of its Affiliates and the taking of any actions (or failure to act) in its capacity as an officer or director agent of the Company, or any of its Affiliates, will not be deemed to constitute a breach of this Agreement, regardless of the circumstances thereto.

Action in Shareholder Capacity Only. The parties acknowledge that this Agreement agreement is entered into by Shareholder solely in such Shareholder’s 's capacity as the Beneficial Owner beneficial owner of such Shareholder’s Owned Securities 's Shares and nothing in this Agreement restricts or limits any action taken by such Shareholder in its his capacity as a director or officer of the Company or any of its Affiliates it Subsidiaries and the taking of any actions (or failure to act) in its his capacity as an officer or director of the Company, Company or any of its Affiliates, Subsidiaries will not be deemed to constitute a breach of this Agreement, regardless of the circumstances thereto.