Common use of Action in Stockholder Capacity Only Clause in Contracts

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his capacity as the record and/or beneficial owner of such Stockholder’s Shares and nothing in this Agreement shall restrict or limit in any respect any action taken by such Stockholder in his capacity as a director or officer of the Company. The taking of any action (or failure to act) by either Stockholder in his capacity as an officer or director of the Company will in no event be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his capacity as the record and/or beneficial owner of such Stockholder’s the Shares and that nothing in this Agreement shall in any way restrict or limit in any respect director or officer of the Company from taking any action taken by such Stockholder in his capacity as a director or officer of the Company that is necessary for him to comply with his fiduciary duties as a director or officer of the Company. The taking of any action (or failure to act) by either Stockholder , including, without limitation, participating in his capacity as an officer or a director of the Company will in no event be deemed to constitute a breach any discussions or negotiations in accordance with Section 6.03 of this the Merger Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his such Stockholder's capacity as the record and/or beneficial owner Beneficial Owner of such Stockholder’s Shares 's Owned Common Stock and nothing in this Agreement shall restrict restricts or limit in any respect limits any action taken by such Stockholder solely in his its capacity as a director or officer of the Company. The Company (but not on its own behalf as a stockholder) and the taking of any action actions (or failure to act) by either Stockholder solely in his its capacity as an officer or director of the Company will in no event not be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his such Stockholder’s capacity as the record and/or beneficial owner of such Stockholder’s the Shares and nothing in this Agreement shall restrict restricts or limit in any respect limits any action taken by such Stockholder the Executive in his capacity as a director or officer of the Company. The , or any of his controlled affiliates (but not on his own behalf as a Stockholder) and the taking of any action actions (or failure to act) by either Stockholder in his capacity as an officer or director of the Company Company, or any of his controlled affiliates will in no event not be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his its capacity as the record and/or beneficial an owner of such Stockholder’s the Stockholder Shares and that nothing in this Agreement shall in any way restrict or limit in the ability of such Stockholder or any respect Affiliate of such Stockholder who is a director of the Company from taking any action taken by such Stockholder in his capacity as a director or officer of the Company. The taking , including the exercise of any action (or failure fiduciary duties to act) by either Stockholder in his capacity as an officer or director of the Company will and its stockholders. No action taken in no event such capacity or inaction as a director shall be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his or her capacity as the record and/or beneficial owner of such Stockholder’s Shares and nothing in this Agreement shall restrict or limit in any respect any action taken by such Stockholder in his or her capacity as a director or officer of the Company. The taking of any action (or failure to act) by either Stockholder in his or her capacity as an officer or director of the Company will in no event be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each the Stockholder solely in its, his or her capacity as the record and/or beneficial owner of such Stockholder’s Shares and nothing in this Agreement shall restrict or limit in any respect any action taken by such Stockholder in its, his or her capacity as a director or officer of the Company. The taking of any action (or failure to act) by either the Stockholder in its, his or her capacity as an officer or director of the Company will in no event be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his such Stockholder’s capacity as the record and/or beneficial owner Beneficial Owner of such Stockholder’s Owned Shares and nothing in this Agreement shall restrict restricts or limit in any respect limits any action taken by such Stockholder solely in his its capacity as a director or officer of the Company. The Company (but not on its own behalf as a stockholder) and the taking of any action actions (or failure to act) by either Stockholder solely in his its capacity as an officer or director of the Company will in no event not be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his such Stockholder's capacity as the record and/or beneficial owner Beneficial Owner of such Stockholder’s 's Owned Shares and nothing in this Agreement Agreement, including the restrictions in Section 4.3, shall in any way restrict or limit in any respect any action taken by any Affiliates or Representatives of such Stockholder in his capacity as a director or officer of the Company. The taking of any action Company (but solely in such capacities as director or failure to act) by either Stockholder in his capacity as an officer or director of the Company will in no event be deemed to constitute a breach of this AgreementCompany).

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his its capacity as the record and/or beneficial an owner of such Stockholder’s Covered Shares and that nothing in this Agreement shall in any way restrict or limit in any respect Stockholder from taking or authorizing any action taken by such Stockholder or inaction in his or her capacity as a director, officer, trustee or other fiduciary of the Company or any subsidiary thereof or of any employee benefit plan of the Company, including, without limitation, participating in his or her capacity as a director or officer of the Company. The taking of any action (or failure to act) by either Stockholder in his capacity as an officer or director of the Company will in no event be deemed to constitute a breach any discussions or negotiations in accordance with Section 5.3 of this the Merger Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each the Stockholder solely in its, his or her capacity as the record and/or beneficial owner of such Stockholder’s Shares and nothing in this Agreement shall restrict or limit in any respect any action taken by such Stockholder in its, his or her capacity as a director or officer of the CompanyParent. The taking of any action (or failure to act) by either the Stockholder in its, his or her capacity as an officer or director of the Company Parent will in no event be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in its capacity as a direct or indirect owner of the Covered Shares. Nothing in this Agreement shall in any way restrict or limit the ability of such Stockholder or any Affiliate or employee of such Stockholder who is a director of the Company from taking any action in his capacity as a director of the record and/or beneficial owner Company, including the exercise of such Stockholder’s Shares fiduciary duties to the Company and nothing its Stockholders. Nothing in this Agreement shall restrict or limit in any respect any action taken by such Stockholder in his capacity as a director or officer of the Company. The taking of any action (or failure to act) by either Stockholder in his capacity as an officer or director of the Company will in no event be deemed from taking any actions that are otherwise permitted by the Merger Agreement, including with respect to constitute a breach of this AgreementSuperior Proposal.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his capacity as the record and/or beneficial owner of such Stockholder’s Shares and nothing in this Agreement shall restrict or limit in any respect any action taken by such Stockholder in his capacity as a director or officer of the CompanyCompany or any Company Subsidiary. The taking of any action (or failure to act) by either any Stockholder in his capacity as an officer or director of the Company or any Company Subsidiary will in no event be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his its capacity as the a direct or indirect record and/or or beneficial owner of such Stockholder’s Shares Covered Shares. Nothing in this Agreement shall in any way restrict or limit the ability of such Stockholder or any Affiliate, employee or designee of such Stockholder who is a director of the Company from taking any action in his capacity as a director of the Company, including the exercise of fiduciary duties to the Company and nothing its Stockholders. Nothing in this Agreement shall restrict or limit in any respect any action taken by such Stockholder in his capacity as a director or officer of the Company. The taking of any action (or failure to act) by either Stockholder in his capacity as an officer or director of the Company will in no event be deemed from taking any actions that are otherwise permitted by the Merger Agreement, including with respect to constitute a breach of this AgreementSuperior Proposal.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his its capacity as the record and/or beneficial owner of such Stockholder’s the Stockholder Shares and that nothing in this Agreement is intended to or shall in any way restrict or limit in any respect director of the Company from taking any action taken by such Stockholder in his or her capacity as a director of the Company that is necessary for him or officer her to comply with his or her fiduciary duties as a director of the Company. The taking of , and no action taken by any action (or failure to act) by either Stockholder individual in his or her capacity as an officer or a director of the Company will in no event shall give rise to or be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties Parties acknowledge and agree that this Agreement is entered into by each Stockholder the Stockholders solely in his their capacity as the record and/or beneficial owner Beneficial Owners of such Stockholder’s Shares and shares of the Company Common Stock and, subject to the Merger Agreement, nothing in this Agreement shall restrict or limit in any respect any action actions (or omissions) taken in any other capacity (including by such Stockholder any director of the Company in his or her capacity as a director or officer of the Company. The taking of any action (or failure to act) by either Stockholder in his capacity as an officer or director of the Company will in no event be deemed to constitute a breach of this Agreement).

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each the Stockholder solely in his its capacity as the record and/or beneficial an owner of such Stockholder’s Stockholder Shares and that nothing in this Agreement shall in any way restrict or limit in any respect representative of the Stockholder that also is a director of the Company from taking any action taken by such Stockholder in his capacity as a director or officer of the Company that is necessary for him to comply with his fiduciary duties as a director of the Company. The taking of any action (or failure to act) by either Stockholder , including, without limitation, participating in his capacity as an officer or a director of the Company will in no event be deemed to constitute a breach any discussions, negotiations or votes in accordance with Section 7.7 of this the Merger Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his such Stockholder’s capacity as the record and/or beneficial owner Beneficial Owner of such Stockholder’s Owned Shares and nothing in this Agreement shall restrict way restricts or limit in any respect limits any action taken by such Stockholder in his capacity as a director or officer of the Company. The Company (but solely in such capacities and not on his own behalf) and the taking of any action (or failure to act) by either Stockholder actions solely in his or her capacity as an officer or director of the Company and not in violation of the Merger Agreement will in no event not be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each the Stockholder solely in his capacity as the record and/or beneficial owner or record holder of such Stockholder’s Shares Parent Stock and nothing in this Agreement shall restrict restrict, limit or affect (or require the Stockholder to attempt to restrict, limit or affect) in any respect any action actions taken by such the Stockholder as a director, trustee, officer or fiduciary of Parent in his his, her or its capacity as a director or officer of the Company. The taking of any action (or failure to act) by either Stockholder in his capacity as an director, trustee, officer or director fiduciary of the Company will in no event be deemed to constitute a breach of this AgreementParent.

Action in Stockholder Capacity Only. The parties acknowledge and agree Stockholder acknowledges that this Agreement is entered into by each Stockholder solely it in his its capacity as a stockholder of the record and/or beneficial owner of such Stockholder’s Shares Company and that nothing in this Agreement shall in any way restrict or limit in any respect director, officer or employee of the Stockholder or its affiliates from taking any action taken by such Stockholder in his capacity as a director such in order to comply with his or officer of the Company. The taking of any action (or failure to act) by either Stockholder in his capacity as an officer or director of the Company will in no event be deemed to constitute a breach of this Agreementher fiduciary obligations.

Action in Stockholder Capacity Only. The parties acknowledge and agree that Each of the Stockholders has executed this Agreement is entered into by each Stockholder solely in his its capacity as the record and/or beneficial owner holder or Beneficial Owner of such Stockholder’s Shares Securities and nothing in this Agreement herein shall restrict limit or limit in affect any respect actions or omissions taken by, or fiduciary duties of, any action taken by such Stockholder Nominee in his or her capacity as a director or officer of Director to the Company. The taking of any action (or failure to act) extent permitted by either Stockholder in his capacity as an officer or director of the Company will in no event be deemed to constitute a breach of this Agreementapplicable law.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his capacity as the record and/or beneficial owner of such Stockholder’s the Stockholder Shares and that nothing in this Agreement shall in any way restrict or limit in any respect director or officer of the Company from taking any action taken by such Stockholder in his capacity as a director or officer of the Company that is necessary for him to comply with his fiduciary duties as a director or officer of the Company. The taking of any action (or failure to act) by either Stockholder , including, without limitation, participating in his capacity as an officer or a director of the Company will in no event be deemed to constitute a breach any discussions or negotiations of this the Merger Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in its capacity as a direct or indirect owner of the Stockholder Shares and Company Warrants. Nothing in this Agreement shall in any way restrict or limit the ability of such Stockholder or any Affiliate of such Stockholder who is a director of the Company from taking any action in his capacity as a director of the record and/or beneficial owner Company, including the exercise of such Stockholder’s Shares fiduciary duties to the Company and nothing its Stockholders. Nothing in this Agreement shall restrict or limit in any respect any action taken by such Stockholder in his capacity as a director or officer of the Company. The taking of any action (or failure to act) by either Stockholder in his capacity as an officer or director of the Company will in no event be deemed from taking any actions that are otherwise permitted by the Merger Agreement, including with respect to constitute a breach of this AgreementSuperior Proposal.

Action in Stockholder Capacity Only. The parties acknowledge and agree that Stockholder has executed this Agreement is entered into by each Stockholder solely in his its capacity as the record and/or beneficial owner holder or Beneficial Owner of such Stockholder’s Shares Securities and nothing in this Agreement herein shall restrict limit or limit in affect any respect actions or omissions taken by, or fiduciary duties of, any action taken by such Stockholder Nominee in his or her capacity as a director or officer of Director to the Company. The taking of any action (or failure to act) extent permitted by either Stockholder in his capacity as an officer or director of the Company will in no event be deemed to constitute a breach of this Agreementapplicable law.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his its capacity as the record and/or beneficial direct or indirect owner of such Stockholder’s the Stockholder Shares and that nothing in this Agreement shall in any way restrict or limit in the ability of such Stockholder or any respect Affiliate of such Stockholder who is a director of the Company from taking any action taken by such Stockholder in his capacity as a director or officer of the Company. The taking , including the exercise of any action (or failure fiduciary duties to act) by either Stockholder in his capacity as an officer or director of the Company will in no event be deemed to constitute a breach of this Agreementand its Stockholders.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his capacity as the record and/or beneficial owner of such Stockholder’s Shares and nothing in this Agreement shall restrict or limit in any respect any action taken by such Stockholder in his capacity as a director or officer of the CompanyCompany or any Giants Subsidiary. The taking of any action (or failure to act) by either any Stockholder in his capacity as an officer or director of the Company or any Giants Subsidiary will in no event be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his capacity as the record and/or beneficial owner Beneficial Owner of such Stockholder’s the Owned Shares and nothing in this Agreement shall in any way restrict or limit in any respect any action taken or to be taken (or failure to act) by such Stockholder in his capacity as a director or officer of the Company. The Company (but not on his own behalf as a stockholder) and the taking of any action actions (or failure to act) by either Stockholder in his capacity as an officer or director of the Company will in no event not be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.

Action in Stockholder Capacity Only. The parties acknowledge and agree that Each Stockholder is entering into this Agreement is entered into by each Stockholder solely in his capacity as the record and/or beneficial owner of such Stockholder’s capacity as a record holder or Beneficial Owner, as applicable, of the Subject Shares and nothing not in this Agreement shall restrict or limit in any respect any action taken by such Stockholder in his Stockholder’s capacity as a director or officer of the Company. The taking of any action (Nothing in this Agreement shall obligate such Stockholder to take, or failure to act) by either Stockholder forbear from taking, in his its capacity as an officer or a director of the Company will in no event be deemed to constitute a breach Board or officer of this Agreementthe Company, any action which is inconsistent with its or his fiduciary duties under applicable law.

Action in Stockholder Capacity Only. The parties hereto acknowledge and agree that this Agreement is entered into by each Stockholder solely in his capacity as the record and/or beneficial owner of such Stockholder’s the Stockholder Shares and that nothing in this Agreement shall in any way restrict or limit in any respect director or officer of the Company from taking any action taken by such Stockholder in his capacity as a director or officer of the Company that is necessary for him or her to comply with his fiduciary duties as a director or officer of the Company. The taking of any action (or failure to act) by either Stockholder , including, without limitation, participating in his capacity as an officer or a director of the Company will in no event be deemed to constitute a breach any discussions or negotiations of this the Merger Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by the Stockholders in each Stockholder solely in his Stockholder’s capacity as the record and/or beneficial legal owner of such Stockholder’s Owned Shares and nothing in this Agreement shall restrict restricts or limit in any respect limits any action taken by such Stockholder any Stockholder, or trustee or investment advisor of any Stockholder, solely in his or her capacity as a director or officer of the Company. The Company and the taking of any action actions (or failure to act) by either Stockholder solely in his or her capacity as an officer or director of the Company will in no event not be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his capacity as the record and/or beneficial owner Beneficial Owner of such Stockholder’s the Owned Shares and nothing in this Agreement shall in any way restrict or limit in any respect any action taken or to be taken (or failure to act) by such Stockholder in his capacity as a director or officer of Metalline (but not on his own behalf as the Company. The Beneficial Owner of the Owned Shares) and the taking of any action actions (or failure to act) by either Stockholder in his capacity as an officer or director of the Company Metalline will in no event not be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his such Stockholder’s capacity as the record and/or beneficial owner of such Stockholder’s the Shares and nothing in this Agreement shall restrict restricts or limit in any respect limits any action taken by such any Stockholder in his capacity as a director or officer of the Company. The Company and the taking of any action actions (or failure to act) by either Stockholder in his such Stockholder’s capacity as an officer or director of the Company will in no event not be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge and agree that this Agreement is entered into by each Stockholder solely in his his, her or its capacity as the record and/or beneficial owner of such Stockholder’s the Stockholder Shares and that nothing in this Agreement shall in any way restrict or limit in any respect director or officer of the Company from taking any action taken by such Stockholder in his or her capacity as a director or officer of the Company that is necessary for him or her to comply with his or her fiduciary duties as a director or officer of the Company. The taking of any action (or failure to act) by either Stockholder , including, without limitation, participating in his or her capacity as an officer or a director of the Company will in no event be deemed to constitute a breach any discussions or negotiations of this the Merger Agreement.