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 Shareholder Party in his or its capacity as owner of the applicable Party Shares and that nothing in this Agreement shall in any way restrict or limit any director or officer of the Company from taking any action 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 participating in his or her capacity as a director or officer of the Company in any discussions or negotiations in accordance with Section 5.3 of the Merger Agreement.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Shareholder Party Stockholder in his or its capacity as owner of the applicable Party Shares shares set forth opposite such Stockholder’s name on Annex A and that nothing in this Agreement shall in any way restrict or limit any director or officer of the Company from taking any action 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 participating in his or her capacity as a director or officer of the Company in any discussions or negotiations in accordance with Section 5.3 of the Merger Agreement.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Shareholder Party Stockholder in his or its capacity as an owner of the applicable Party Covered Shares and that nothing in this Agreement shall in any way restrict or limit any director or officer of the Company Stockholder from taking or authorizing any action or inaction in his or her capacity as a director director, officer, trustee or officer other fiduciary of the Company that is necessary for him Company, any Subsidiary thereof or her to comply with his any other Person, or her fiduciary duties as a director or officer of any employee benefit plan of the Company, including, without limitation, furnishing information or if applicable, participating in his or her capacity as a director or officer of the Company in any discussions or negotiations in accordance with Section 5.3 6.4 of the Merger Agreement.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Shareholder Party Stockholder in his or its capacity as an owner of the applicable Party Covered Shares and that nothing in this Agreement shall in any way restrict or limit any director or officer of the Company Stockholder from taking or authorizing any action or inaction in his or her capacity as a director director, officer, trustee or officer other fiduciary of the Company that is necessary for him or her to comply with his any subsidiary thereof or her fiduciary duties as a director or officer of any employee benefit plan of the Company, including, without limitation, furnishing information or participating in his or her capacity as a director or officer of the Company in any discussions or negotiations in accordance with Section 5.3 8.8 of the Merger AgreementAPA.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Shareholder Party Stockholder in his or its capacity as owner of the applicable Party its Shares and that nothing in this Agreement shall in any way restrict or limit any director or officer of the Company from taking any action 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 participating in his or her capacity as a director or officer of the Company in any discussions or negotiations in accordance with Section 5.3 6.03 of the Merger Agreement.

Action in Stockholder Capacity Only. The parties acknowledge that this Agreement is entered into by each Shareholder Party Stockholder in his or its capacity as an owner of the applicable Party Stockholder Shares and that nothing in this Agreement shall in any way restrict or limit any trustee or other representative of a Stockholder that also is a director or officer of the Company from taking any action 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 participating in his or her capacity as a director or officer of the Company in any discussions discussions, negotiations or negotiations votes in accordance with Section 5.3 of the Merger Agreement.