Common use of Action in Stockholder Capacity Only Clause in Contracts

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s capacity as the record and/or beneficial owner of the Shares and nothing in this Agreement restricts or limits any action taken by the Executive in his capacity as a director or officer of the Company, or any of his controlled affiliates (but not on his own behalf as a Stockholder) and the taking of any actions (or failure to act) in his capacity as an officer or director of the Company, or any of his controlled affiliates will not be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s his capacity as the record and/or beneficial owner of the 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 the Executive 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, or any of his controlled affiliates (but not on his own behalf as a Stockholder) and the taking of any actions (or failure to act) including, without limitation, participating in his capacity as an officer or a director of the Company, Company in any discussions or any negotiations in accordance with Section 6.03 of his controlled affiliates will not be deemed to constitute a breach of this the Merger Agreement.

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

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s its capacity as the record and/or beneficial a direct or indirect owner of the Shares and nothing Covered Shares. Nothing in this Agreement restricts shall in any way restrict or limits 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 taken by the Executive in his capacity as a director or officer of the Company, including the exercise of fiduciary duties to the Company and its Stockholders. Nothing in this Agreement shall restrict or any of his controlled affiliates (but not on his own behalf as a Stockholder) and limit the Company from taking of any actions (or failure that are otherwise permitted by the Merger Agreement, including with respect to act) in his capacity as an officer or director of the Company, or any of his controlled affiliates will not be deemed to constitute a breach of this AgreementSuperior Proposal.

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

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely Shareholder Party in such Stockholder’s his or its capacity as the record and/or beneficial owner of the applicable Party 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 the Executive 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, including, without limitation, furnishing information or any of participating in his controlled affiliates (but not on his own behalf or her capacity as a Stockholder) and the taking of any actions (director or failure to act) in his capacity as an officer or director of the Company, Company in any discussions or any negotiations in accordance with Section 5.3 of his controlled affiliates will not be deemed to constitute a breach of this the Merger Agreement.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s its capacity as the record and/or beneficial an owner of the Covered Shares and that nothing in this Agreement restricts shall in any way restrict or limits limit any Stockholder from taking or authorizing any action taken by the Executive 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, Company in any discussions or any of his controlled affiliates (but not on his own behalf as a Stockholder) and the taking of any actions (or failure to act) negotiations in his capacity as an officer or director accordance with Section 5.3 of the Company, or any of his controlled affiliates will not be deemed to constitute a breach of this Merger Agreement.

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

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in its capacity as a direct or indirect record or beneficial owner of such Stockholder’s capacity as the record and/or beneficial owner of the Shares and nothing Covered Shares. Nothing in this Agreement restricts shall in any way restrict or limits 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 taken by the Executive in his capacity as a director or officer of the Company, including the exercise of fiduciary duties to the Company and its Stockholders. Nothing in this Agreement shall restrict or any of his controlled affiliates (but not on his own behalf as a Stockholder) and limit the Company from taking of any actions (or failure that are otherwise permitted by the Merger Agreement, including with respect to act) in his capacity as an officer or director of the Company, or any of his controlled affiliates will not be deemed to constitute a breach of this AgreementSuperior Proposal.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s its capacity as the record and/or beneficial owner of the Stockholder Shares and that nothing in this Agreement restricts is intended to or limits shall in any way restrict or limit any director of the Company from taking any action taken by the Executive in his or her capacity as a director or officer of the Company, Company that is necessary for him or any of her to comply with his controlled affiliates (but not on his own behalf or her fiduciary duties as a Stockholder) and the taking of any actions (or failure to act) in his capacity as an officer or director of the Company, and no action taken by any individual in his or any her capacity as a director of his controlled affiliates will not the Company shall give rise to or be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s 's capacity as the record and/or beneficial owner Beneficial Owner of the such Stockholder's Owned Shares and nothing in this Agreement restricts Agreement, including the restrictions in Section 4.3, shall in any way restrict or limits limit any action taken by the Executive any Affiliates or Representatives of such Stockholder in his capacity as a director or officer of the Company, or any of his controlled affiliates Company (but not on his own behalf solely in such capacities as a Stockholder) and the taking of any actions (director or failure to act) in his capacity as an officer or director of the Company, or any of his controlled affiliates will not be deemed to constitute a breach of this Agreement).

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s its capacity as the record and/or beneficial a direct or indirect owner of the Stockholder Shares and nothing Company Warrants. Nothing in this Agreement restricts shall in any way restrict or limits limit the ability of such Stockholder or any Affiliate of such Stockholder who is a director of the Company from taking any action taken by the Executive in his capacity as a director or officer of the Company, including the exercise of fiduciary duties to the Company and its Stockholders. Nothing in this Agreement shall restrict or any of his controlled affiliates (but not on his own behalf as a Stockholder) and limit the Company from taking of any actions (or failure that are otherwise permitted by the Merger Agreement, including with respect to act) in his capacity as an officer or director of the Company, or any of his controlled affiliates will not be deemed to constitute a breach of this AgreementSuperior Proposal.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s its capacity as the record and/or beneficial owner of the its 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 the Executive 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, or any of his controlled affiliates (but not on his own behalf as a Stockholder) and the taking of any actions (or failure to act) including, without limitation, participating in his capacity as an officer or a director of the Company, Company in any discussions or any negotiations in accordance with Section 6.03 of his controlled affiliates will not be deemed to constitute a breach of this the Merger Agreement.

Action in Stockholder Capacity Only. The parties acknowledge that Each Stockholder is entering into this Agreement is entered into by each Stockholder solely in such Stockholder’s capacity as the a record and/or beneficial owner holder or Beneficial Owner, as applicable, of the Subject Shares and nothing not in this Agreement restricts or limits any action taken by the Executive in his such Stockholder’s capacity as a director or officer of the Company. Nothing in this Agreement shall obligate such Stockholder to take, or any of his controlled affiliates (but not on his own behalf forbear from taking, in its capacity as a Stockholder) and director of the taking of any actions (Company Board or failure to act) in his capacity as an officer or director of the Company, any action which is inconsistent with its or any of his controlled affiliates will not be deemed to constitute a breach of this Agreementfiduciary duties under applicable law.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s capacity as the record and/or beneficial owner Beneficial Owner of the such Stockholder’s Owned Shares and nothing in this Agreement shall way restricts or limits any action taken by the Executive such Stockholder in his capacity as a director or officer of the Company, or any of his controlled affiliates Company (but solely in such capacities and not on his own behalf as a Stockholderbehalf) and the taking of any actions (or failure to act) solely in his or her capacity as an officer or director of the Company, or any Company and not in violation of his controlled affiliates the Merger Agreement will 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 such Stockholder’s his capacity as the record and/or beneficial owner or record holder of the Shares Parent Stock and nothing in this Agreement restricts shall restrict, limit or limits affect (or require the Stockholder to attempt to restrict, limit or affect) in any action respect any actions taken by the Executive Stockholder as a director, trustee, officer or fiduciary of Parent in his his, her or its capacity as a director or officer of the Companydirector, or any of his controlled affiliates (but not on his own behalf as a Stockholder) and the taking of any actions (or failure to act) in his capacity as an trustee, officer or director fiduciary of the Company, or any of his controlled affiliates will not be deemed to constitute a breach of this AgreementParent.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s his capacity as the record and/or beneficial owner Beneficial Owner of the Owned 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 the Executive Stockholder in his capacity as a director or officer of the Company, or any of his controlled affiliates Company (but not on his own behalf as a Stockholderstockholder) and the taking of any actions (or failure to act) in his capacity as an officer or director of the Company, or any of his controlled affiliates Company will not be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s his capacity as the record and/or beneficial owner of the Stockholder 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 the Executive 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, or any of his controlled affiliates (but not on his own behalf as a Stockholder) and the taking of any actions (or failure to act) including, without limitation, participating in his capacity as an officer or a director of the Company, Company in any discussions or any negotiations of his controlled affiliates will not be deemed to constitute a breach of this the Merger Agreement.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each the Stockholder solely in such Stockholder’s its capacity as the record and/or beneficial an owner of the Stockholder Shares and that nothing in this Agreement restricts shall in any way restrict or limits limit any representative of the Stockholder that also is a director of the Company from taking any action taken by the Executive in his capacity as a director or officer of the Company, or any of Company that is necessary for him to comply with his controlled affiliates (but not on his own behalf fiduciary duties as a Stockholder) and the taking of any actions (or failure to act) in his capacity as an officer or director of the Company, including, without limitation, participating in his capacity as a director of the Company in any discussions, negotiations or any votes in accordance with Section 7.7 of his controlled affiliates will not be deemed to constitute a breach of this the Merger Agreement.

Action in Stockholder Capacity Only. The parties acknowledge Stockholder acknowledges that this Agreement is entered into by each Stockholder solely it in such Stockholder’s its capacity as the record and/or beneficial owner a stockholder of the Shares Company and that nothing in this Agreement restricts shall in any way restrict or limits limit any director, officer or employee of the Stockholder or its affiliates from taking any action taken by the Executive in his capacity as a director such in order to comply with his or officer of the Company, or any of his controlled affiliates (but not on his own behalf as a Stockholder) and the taking of any actions (or failure to act) in his capacity as an officer or director of the Company, or any of his controlled affiliates will not be deemed to constitute a breach of this Agreementher fiduciary obligations.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s capacity as the record and/or beneficial owner of the Shares and nothing in this Agreement restricts or limits any action taken by the Executive any Stockholder in his capacity as a director or officer of the Company, or any of his controlled affiliates (but not on his own behalf as a Stockholder) Company and the taking of any actions (or failure to act) in his such Stockholder’s capacity as an officer or director of the Company, or any of his controlled affiliates Company will not be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by the Stockholders in each Stockholder solely in such Stockholder’s capacity as the record and/or beneficial legal owner of the such Stockholder’s Owned Shares and nothing in this Agreement restricts or limits any action taken by the Executive any Stockholder, or trustee or investment advisor of any Stockholder, solely in his or her capacity as a director or officer of the Company, or any of his controlled affiliates (but not on his own behalf as a Stockholder) Company and the taking of any actions (or failure to act) solely in his or her capacity as an officer or director of the Company, or any of his controlled affiliates Company will not be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s his capacity as the record and/or beneficial owner Beneficial Owner of the Owned 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 the Executive Stockholder in his capacity as a director or officer of the Company, or any of his controlled affiliates Metalline (but not on his own behalf as a Stockholderthe Beneficial Owner of the Owned Shares) and the taking of any actions (or failure to act) in his capacity as an officer or director of the Company, or any of his controlled affiliates Metalline will not be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s his, her or its capacity as the record and/or beneficial owner of the Stockholder 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 the Executive 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, including, without limitation, participating in his or any of his controlled affiliates (but not on his own behalf her capacity as a Stockholder) and the taking of any actions (or failure to act) in his capacity as an officer or director of the Company, Company in any discussions or any negotiations of his controlled affiliates will not be deemed to constitute a breach of this the Merger Agreement.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s its capacity as the record and/or beneficial an owner of the Stockholder Shares and that nothing in this Agreement restricts shall in any way restrict or limits limit any trustee or other representative of a Stockholder that also is a director or officer of the Company from taking any action taken by the Executive 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, or any of his controlled affiliates (but not on his own behalf as a Stockholder) and the taking of any actions (or failure to act) including, without limitation, participating in his capacity as an officer or a director of the CompanyCompany in any discussions, negotiations or any votes in accordance with Section 5.3 of his controlled affiliates will not be deemed to constitute a breach 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 such Stockholder’s his capacity as the record and/or beneficial owner of the such Stockholder’s Shares and nothing in this Agreement restricts shall restrict or limits limit in any respect any action taken by the Executive such Stockholder in his capacity as a director or officer of the Company, Company or any of his controlled affiliates (but not on his own behalf as a Stockholder) and the Giants Subsidiary. The taking of any actions action (or failure to act) by any Stockholder in his capacity as an officer or director of the Company, Company or any of his controlled affiliates Giants Subsidiary will not in no event be deemed to constitute a breach of this Agreement.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s its capacity as the record and/or beneficial direct or indirect owner of the Stockholder Shares and that nothing in this Agreement restricts shall in any way restrict or limits limit the ability of such Stockholder or any Affiliate of such Stockholder who is a director of the Company from taking any action taken by the Executive in his capacity as a director or officer of the Company, or any including the exercise of his controlled affiliates (but not on his own behalf as a Stockholder) fiduciary duties to the Company and the taking of any actions (or failure to act) in his capacity as an officer or director of the Company, or any of his controlled affiliates will not be deemed to constitute a breach of this Agreementits Stockholders.

Action in Stockholder Capacity Only. The parties hereto acknowledge that this Agreement is entered into by each Stockholder solely in such Stockholder’s his capacity as the record and/or beneficial owner of the Stockholder 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 the Executive 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, or any of his controlled affiliates (but not on his own behalf as a Stockholder) and the taking of any actions (or failure to act) including, without limitation, participating in his capacity as an officer or a director of the Company, Company in any discussions or any negotiations of his controlled affiliates will not be deemed to constitute a breach of this the Merger Agreement.