Common use of Action in Stockholder Capacity Only Clause in Contracts

Action in Stockholder Capacity Only. Each Stockholder signs solely in its capacity as the record holder or beneficial owner of, or as the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder’s Shares and nothing herein shall limit or affect any actions or omissions taken by or fiduciary duties of, a Stockholder or any of its affiliates, in such Stockholder’s capacity as an officer or director of Earthstone to the extent permitted by applicable law.

Action in Stockholder Capacity Only. Each Stockholder signs solely in its capacity as the record holder or and beneficial owner of, or as the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder’s Shares and nothing herein shall limit or affect any actions or omissions taken by or fiduciary duties of, a Stockholder or any of its affiliates, in such Stockholder’s its, his or her, as applicable, capacity as an officer or director of Earthstone to the extent permitted by applicable law.

Action in Stockholder Capacity Only. Each Stockholder signs solely in its capacity as the record holder or beneficial owner of, or as the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder’s Shares and nothing herein shall limit or affect any actions or omissions taken by or fiduciary duties of, a Stockholder or any of its affiliatesAffiliates, in such Stockholder’s capacity as an officer or director of Earthstone to the extent permitted by applicable law.

Action in Stockholder Capacity Only. Each Stockholder signs solely in its his capacity as the a record holder or and beneficial owner ofowner, or as the trustee applicable, of a trust whose beneficiaries are the beneficial owners ofShares, such Stockholder’s Shares and nothing herein shall limit or affect any actions or omissions taken by or fiduciary duties of, a Stockholder or in any of its affiliates, in such Stockholder’s capacity as an officer or director of Earthstone to the extent permitted by applicable lawother capacity.