Common use of Action in Shareholder Capacity Only Clause in Contracts

Action in Shareholder Capacity Only. Notwithstanding anything to the contrary in this Agreement, the parties acknowledge and agree that this Agreement is entered into by Shareholder solely in his capacity as the Beneficial Owner of the Owned Shares and nothing in this Agreement shall in any way restrict, limit or otherwise affect any action taken or to be taken (or failure to act) by Shareholder in his capacity as a director, officer, employee or other agent of the Company or any of its Subsidiaries (but not in his capacity as a shareholder of the Company) and the taking of any actions (or failure to act) in his capacity as a director, officer, employee or other agent of the Company or any of its Subsidiaries will not be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.

Action in Shareholder Capacity Only. Notwithstanding anything to the contrary in this Agreement, the The parties acknowledge and agree that this Agreement is entered into by each Shareholder solely in his or its capacity as the Beneficial Owner beneficial owner of the Owned Shares beneficially owned by him or it, and nothing in this Agreement shall in any way restrict, restrict or limit or otherwise affect any action taken or to be taken (or failure to act) by such Shareholder or such Shareholder’s principals or other controlling persons, as applicable, in his any capacity as a director, officer, employee director or other agent officer of the Company or any of its Subsidiaries (but not in his capacity as a shareholder of the Company) and the taking of any actions (or failure to act) by such Shareholder or such other Persons in his any capacity as a director, officer, employee an officer or other agent director of the Company or any of its Subsidiaries will not be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.

Action in Shareholder Capacity Only. Notwithstanding anything to the contrary in this Agreement, the The parties acknowledge and agree that this Agreement is entered into by Shareholder solely in his capacity as the Beneficial Owner record and/or beneficial owner of the Owned Shares and nothing in this Agreement shall (i) restrict or limit in any way restrict, limit or otherwise affect respect any action taken or to be taken (or failure to act) by Shareholder in his capacity as a director, officer, employee director or other agent officer of the Company or (if applicable) any of its Subsidiaries (but not in his capacity as a shareholder Subsidiary of the Company, or (ii) and be construed to prohibit, limit or restrict Shareholder from exercising any of Shareholder’s fiduciary duties (including with respect to the Merger Agreement and/or the transactions contemplated thereby) as a director or officer of the Company. The taking of any actions action (or failure to act) by Shareholder in his capacity as a director, officer, employee an officer or other agent director of the Company or any Subsidiary of its Subsidiaries the Company, or the exercise of Shareholder’s fiduciary duties as an officer or director of the Company, will not in no event be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.