Common use of Action in Stockholder Capacity Only Clause in Contracts

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as director or officer of the Company. Stockholder signs solely in his capacity as a recordholder and beneficial owner of the Shares, and nothing herein shall limit or affect any actions taken in his capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as a director or officer of the Company. Stockholder signs solely in his Stockholder’s capacity as a recordholder record holder and beneficial owner owner, as applicable, of the Shares, and nothing herein in this Agreement shall (or shall require any Stockholder to attempt to) limit or affect restrict any actions taken Stockholder who is a director or officer of the Company from acting in his such capacity (it being understood that this Agreement shall apply to Stockholder solely in Stockholder’s capacity as an officer or director a holder of the CompanyShares).

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein hereunder as a director or officer of the Company. Stockholder signs this Agreement solely in his capacity as a recordholder and beneficial owner of the Shares, and nothing herein shall limit or affect effect any actions taken in his Stockholder's capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. The Stockholder makes no agreement or understanding herein as director or officer of the Company. Stockholder signs solely in any capacity other than his capacity as a recordholder record holder and beneficial owner of the Shares, Shares and nothing herein shall limit or affect any actions action taken in his any other capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as a director or officer of the CompanyMerger Partner. Stockholder signs solely in his Stockholder’s capacity as a recordholder record holder and beneficial owner owner, as applicable, of the Merger Partner Shares, and nothing herein shall limit or affect any actions taken in his Stockholder’s capacity as an officer or director of the CompanyMerger Partner.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as a director or officer of the CompanyParent. Stockholder signs solely in his Stockholder’s capacity as a recordholder record holder and beneficial owner owner, as applicable, of the Shares, and nothing herein in this Agreement shall (or shall require any Stockholder to attempt to) limit or affect restrict any actions taken Stockholder who is a director or officer of Parent from acting in his such capacity (it being understood that this Agreement shall apply to Stockholder solely in Stockholder’s capacity as an officer or director a holder of the CompanyShares).

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as a director or officer of the Public Company. Stockholder signs solely in his Stockholder's capacity as a recordholder record holder and beneficial owner owner, as applicable, of the Shares, and nothing herein shall limit or affect any actions taken in his Stockholder's capacity as an officer or director of Public Company. Nothing herein shall prevent or preclude an officer, director or manager of the Stockholder who is serving as a director of Public Company from taking or not taking any action in his capacity as a director of Public Company.

Action in Stockholder Capacity Only. The Stockholder makes no agreement or understanding herein as director or officer of the Company. The Stockholder signs solely in his capacity as a recordholder record holder and beneficial owner of the Shares, and nothing herein shall limit or affect any actions taken in his capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. Stockholder makes no agreement No person executing this Agreement who is or understanding herein as becomes during the term hereof a director or officer of the CompanyCompany makes any agreement or understanding herein in his or her capacity as such director or officer. Each Stockholder signs solely in his or her capacity as a recordholder the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the Sharesbeneficial owners of, such Stockholder’s Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his or her capacity as an officer or director of the CompanyCompany to the extent permitted by the Merger Agreement.

Action in Stockholder Capacity Only. No Stockholder makes no any agreement or understanding herein as a director or officer of the Company or in any capacity other than as a stockholder of the Company. Each Stockholder signs solely in his its capacity as a recordholder record holder and beneficial owner of the Shares, Shares and nothing herein shall limit or affect any actions taken by a representative of such Stockholder in his such representative's capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. The Stockholder makes no agreement or understanding herein as director or officer of the Company. Stockholder signs solely in his any capacity other than Stockholder's capacity as a recordholder record holder and beneficial owner of the Shares, Management Common Stock and nothing herein shall limit or affect any actions action taken or not taken in his any other capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. Each Stockholder makes no agreement or understanding herein as director a director, employee, officer or officer agent of the CompanyBuyer. Each Stockholder signs solely in his capacity as a recordholder record holder and beneficial owner owner, as applicable, of the Shares, and nothing herein shall limit or affect any actions taken in his capacity any other capacity, including without limitation, as an officer officer, director, employee, or director agent of the CompanyBuyer.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as a director or officer of the Company. Stockholder signs solely in his Stockholder’s capacity as a recordholder record holder and beneficial owner owner, as applicable, of the Shares, and nothing herein shall limit or affect any actions taken in his Stockholder’s (or any designee of Stockholder’s) capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. No Stockholder makes no any agreement or understanding herein as a director or officer of the Public Company. Each Stockholder signs solely in his Stockholder’s capacity as a recordholder record holder and beneficial owner owner, as applicable, of the Shares, and nothing herein shall limit or affect any actions taken in his Stockholder’s capacity as an officer or director of the Public Company.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as a director or officer of the Company. Stockholder signs solely in his capacity as a recordholder record holder and beneficial owner owner, as applicable, of the Shares, and nothing herein shall limit or affect any actions taken in his capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as a director or officer of the Company. Stockholder signs solely in his Stockholder’s capacity as a recordholder and beneficial owner Beneficial Owner of the Shares, and nothing herein shall limit or affect any actions taken in his Stockholder’s capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. The Stockholder makes no agreement or understanding herein as director a director, employee, officer or officer agent of the Company. The Stockholder signs solely in his its capacity as a recordholder record holder and beneficial owner owner, as applicable, of the SharesCompany Securities, and nothing herein shall limit or affect any actions taken in his capacity any other capacity, including without limitation, as an officer officer, director, employee, or director agent of the Company.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as a director or officer of the Company. Stockholder signs solely in his Stockholder’s capacity as a recordholder record holder and beneficial owner owner, as applicable, of the Shares, and nothing herein shall limit or affect any actions taken in his Stockholder’s capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. No Stockholder makes no any agreement or understanding herein as a director or officer of the Company or in any capacity other than as a stockholder of the Company. Each Stockholder signs solely in his his/her capacity as a recordholder record holder and beneficial owner of the Shares, Company Shares and nothing herein shall limit or affect any actions taken by a representative of such Stockholder in his such representative's capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as a director or officer of the Public Company. Stockholder signs solely in his Stockholder’s capacity as a recordholder record holder and beneficial owner owner, as applicable, of the Shares, and nothing herein shall limit or affect any actions taken in his Stockholder’s capacity as an officer or director of Public Company. Nothing herein shall prevent or preclude an officer, director or manager of the Stockholder who is serving as a director of Public Company from taking or not taking any action in his capacity as a director of Public Company.

Action in Stockholder Capacity Only. The Stockholder makes no agreement or understanding herein as a director or officer of the CompanyParent or in any capacity other than as a stockholder of Parent. The Stockholder signs solely in his its capacity as a recordholder record holder and beneficial owner of the Shares, Shares and nothing herein shall limit or affect any actions taken by a representative of such Stockholder in his such representative's capacity as an officer or director of the Company.Parent. SIGNATURE PAGE TO PARENT STOCKHOLDER VOTING AGREEMENT

Action in Stockholder Capacity Only. No Stockholder makes no any agreement or understanding herein as a director or officer of the Company. Each Stockholder signs solely in his its capacity as a recordholder record holder and beneficial owner of the Shares, Shares and nothing herein shall limit or affect any actions taken by a representative of such Stockholder in his such representative's capacity as an officer or director of the CompanyCompany (it being understood and agreed that the provisions of this paragraph shall not affect the rights and obligations of any party to the Merger Agreement or any other agreement).

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as a director or officer of the CompanyMerger Partner. Stockholder signs solely in his Stockholder’s capacity as a recordholder record holder and beneficial owner owner, as applicable, of the Shares, and nothing herein shall limit or affect any actions taken in his Stockholder’s capacity as an officer or director of the CompanyMerger Partner.

Action in Stockholder Capacity Only. No Stockholder makes no agreement who is or understanding herein as becomes during the term hereof a director or officer of the CompanyCompany makes any agreement or understanding herein in his or her capacity as a director or officer. Any such Stockholder signs solely in his or her capacity as a recordholder and beneficial owner the Beneficial Owner of the Shares, Covered Shares and nothing herein in this Agreement shall limit or affect any actions taken by such individual solely in his or her capacity as an a director or officer or director of the Company.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as a director or officer of the CompanyMerger Partner. Stockholder signs solely in his Stockholder’s capacity as a recordholder record holder and beneficial owner owner, as applicable, of the Shares, and nothing herein shall limit or affect any actions taken in his Stockholder’s capacity as an officer or director of Merger Partner. Nothing herein shall prevent or preclude an officer, director or manager of the CompanyStockholder who is serving as a director of Merger Partner from taking or not taking any action in his capacity as a director of Merger Partner.

Action in Stockholder Capacity Only. No Stockholder who is a director or officer of the Company makes no any agreement in this Agreement in his or understanding herein her capacity as such director or officer. Each Stockholder signs solely in its capacity as a record holder and beneficial owner of Shares. The provisions of this Agreement shall not apply to actions taken or omitted to be taken by any such person in his or her capacity as a director or officer of the Company. Stockholder signs solely in his capacity as a recordholder and beneficial owner of the Shares, and nothing herein shall limit or affect any actions taken in his capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. No Stockholder makes no any ----------------------------------- agreement or understanding herein hereunder as a director or officer of the Company. Each Stockholder signs this Agreement solely in his his, her or its capacity as a recordholder record and beneficial owner owners of the SharesSubject Securities, and nothing herein shall limit or affect any actions taken in his such Stockholder's capacity as an officer or director of the Company, including, without limitation, any actions taken by such person in the exercise of such person's fiduciary duties as a director of the Company.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as a director or officer of the Company. Stockholder signs has executed and delivered this Agreement solely in his capacity as a recordholder holder of record and beneficial owner of the Shares, and nothing herein shall limit or affect any actions taken in his capacity as an officer or a director of the Company.

Action in Stockholder Capacity Only. No Stockholder makes no an agreement or understanding herein in such Stockholder’s capacity as director a director, officer or officer employee of the Company. Each Stockholder signs is executing this Stockholders Agreement solely in his such Stockholder’s capacity as a recordholder record holder and beneficial owner of the Shares, and nothing herein shall limit or affect any actions taken in his such Stockholder's capacity as an officer officer, director or director employee of the Company.

Action in Stockholder Capacity Only. The Stockholder makes no agreement or understanding herein as a director or officer of the CompanyParent or in any capacity other than as a stockholder of Parent. The Stockholder signs solely in his its capacity as a recordholder record holder and beneficial owner of the Parent Shares, and nothing herein shall limit or affect any actions taken by a representative of the Stockholder in his such representative's capacity as an officer or director of the Company.Parent. SIGNATURE PAGE TO PARENT STOCKHOLDER VOTING AGREEMENT

Action in Stockholder Capacity Only. No Stockholder makes no any agreement or understanding herein as a director or officer of the Company. Each Stockholder signs is signing this Agreement solely in his such Stockholder’s capacity as a recordholder record holder and beneficial owner owner, as applicable, of the Voting Shares, and nothing herein shall limit or affect any actions taken in his such Stockholder’s capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. Each Stockholder makes no agreement or understanding herein as director a director, employee, officer or officer agent of the CompanyTarget. Each Stockholder signs solely in his capacity as a recordholder record holder and beneficial owner owner, as applicable, of the Shares, and nothing herein shall limit or affect any actions taken in his capacity any other capacity, including without limitation, as an officer officer, director, employee, or director agent of the CompanyTarget.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as director or officer of the Company. The Stockholder signs solely in his capacity as a recordholder and beneficial owner of the Shares, and nothing herein shall limit or affect any actions taken in his capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as a director or officer of the Company. Stockholder signs solely in his Stockholder’s capacity as a recordholder record holder and beneficial owner owner, as applicable, of the SharesShares and Company Options, and nothing herein in this Agreement shall (or shall require any Stockholder to attempt to) limit or affect restrict any actions taken Stockholder who is a director or officer of the Company from acting in his such capacity (it being understood that this Agreement shall apply to Stockholder solely in Stockholder’s capacity as an officer or director a holder of the CompanyShares and Company Options).

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as director or officer of the Company. The Stockholder signs solely in his its capacity as a recordholder and beneficial owner of the Shares, and nothing herein shall limit or affect any actions taken in his its capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as director director, officer or officer employee of the CompanySeller. Stockholder signs solely in his Stockholder's capacity as a recordholder record holder and beneficial owner of the Shares, and nothing herein shall limit or affect any actions taken in his or its capacity as an officer officer, director or director employee of the CompanySeller.

Action in Stockholder Capacity Only. No Stockholder makes no any ----------------------------------- agreement or understanding herein as a director or officer of the Company. Each Stockholder signs solely in his its capacity as a recordholder record holder and beneficial owner of the Shares, Shares and nothing herein shall limit or affect any actions taken by a representative of such Stockholder in his such representative's capacity as an officer or director of the CompanyCompany (it being understood and agreed that the provisions of this paragraph shall not affect the rights and obligations of any party to the Merger Agreement or any other agreement).

Action in Stockholder Capacity Only. It is expressly understood and agreed that the Stockholder makes no agreement or understanding herein under this Agreement in his or her capacity as a director or officer of the Company. The Stockholder signs is entering into this Agreement solely in his or her capacity as a recordholder record and beneficial owner of the Shares, and nothing contained herein shall limit or affect affect, or impose any obligations with respect to, any actions taken by the Stockholder in his or her capacity as an a director or officer or director of the Company.

Action in Stockholder Capacity Only. The Stockholder makes no agreement or understanding herein as director or officer of the Company. Stockholder signs solely in his any capacity other than Stockholder’s capacity as a recordholder record holder and beneficial owner of the Shares, Shares and nothing herein shall limit or affect any actions action taken or not taken in his any other capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. No Stockholder makes no any agreement or understanding herein hereunder as a director or officer of the Company. Each Stockholder signs this Agreement solely in his his, her or its capacity as a recordholder record and beneficial owner owners of the SharesSubject Securities, and nothing herein shall limit or affect any actions taken in his such Stockholder's capacity as an officer or director of the Company, including, without limitation, any actions taken by such person in the exercise of such person's fiduciary duties as a director of the Company.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as director director, officer or officer employee of the CompanySeller. Stockholder signs solely in his Stockholder’s capacity as a recordholder record holder and beneficial owner of the Shares, and nothing herein shall limit or affect any actions taken in his or its capacity as an officer officer, director or director employee of the CompanySeller.

Action in Stockholder Capacity Only. No Stockholder makes no any agreement or understanding herein as a director or officer of the Company. Each Stockholder signs solely in his capacity as a recordholder and record holder and/or beneficial owner of the Shares, and nothing herein shall limit or affect any actions taken in his capacity as an officer or director of the Company.

Action in Stockholder Capacity Only. No Stockholder makes no any agreement or understanding herein hereunder as a director or officer of the Company. Each Stockholder signs this Agreement solely in his his, her or its capacity as a recordholder record and beneficial owner owners of the SharesSubject Securities, and nothing herein shall limit or affect any actions taken in his such Stockholder’s capacity as an officer or director of the Company, including, without limitation, any actions taken by such person in the exercise of such person’s fiduciary duties as a director of the Company.

Action in Stockholder Capacity Only. Stockholder makes no agreement or understanding herein as director or officer of the Company. The Stockholder signs solely in his its capacity as a recordholder and beneficial owner of, or the general partner of the partnership which is the beneficial owner of, the Shares, and nothing herein shall limit or affect any actions taken in his its capacity as an officer or director of the Company.