Common use of Action in the Stockholder’s Capacity Only Clause in Contracts

Action in the Stockholder’s Capacity Only. The Stockholder does not make any 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.

Appears in 8 contracts

Samples: Stock Voting Agreement (International Home Foods Inc), Stock Voting Agreement (International Home Foods Inc), Stock Voting Agreement (International Home Foods Inc)

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Action in the Stockholder’s Capacity Only. The Stockholder Stockholder, if a director or officer of the Company, does not make any agreement or understanding herein as a director or officer of the Company. The Stockholder signs this Agreement solely in his his, her or its capacity as a recordholder and beneficial an owner of the Shares, and nothing herein shall limit or affect any actions taken in his the Stockholder’s capacity as an officer or director of the Company, including complying with or exercising the Stockholder’s fiduciary duties as a member of the board of directors of the Company.

Appears in 8 contracts

Samples: Support and Voting Agreement (Iroquois Capital Management, LLC), Voting Agreement (Iroquois Capital Management, LLC), Support and Voting Agreement (Fagenson Robert B)

Action in the Stockholder’s Capacity Only. The Stockholder does not make any agreement or understanding herein as director or officer of the Company. The Stockholder signs solely in his capacity as a recordholder and beneficial owner 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.

Appears in 7 contracts

Samples: Stock Voting Agreement, Stock Voting Agreement (Haggar Corp), Stock Voting Agreement (Haggar Corp)

Action in the Stockholder’s Capacity Only. The Stockholder does Stockholders, if directors or officers of the Company, do not make any agreement or understanding herein as director directors or officer officers of the Company. The Stockholder signs sign this Agreement solely in his their capacity as a recordholder and beneficial owner Beneficial Owner of the SharesCompany Shares Beneficially Owned by the Stockholders, and nothing herein shall limit or affect any actions taken in his a Stockholder’s capacity as an officer or director of the Company, including complying with or exercising such Stockholder’s fiduciary duties as a member of the Board of Directors of the Company.

Appears in 2 contracts

Samples: Tender and Support Agreement (Kroger Co), Tender and Support Agreement (Roundy's, Inc.)

Action in the Stockholder’s Capacity Only. The Stockholder Stockholder, if a director or officer of the Company, does not make any agreement or understanding herein as a director or officer of the Company. The Stockholder signs this Agreement solely in his its capacity as a recordholder and beneficial owner Beneficial Owner of the Sharesshares of Company C-1 Preferred Stock Beneficially Owned by the Stockholder, and nothing herein shall limit or affect any actions taken in his the Stockholder’s capacity as an officer or director of the Company, including complying with or exercising the Stockholder’s fiduciary duties as a member of the Company Board.

Appears in 2 contracts

Samples: Merger Agreement (VirtualScopics, Inc.), Tender and Support Agreement (BioTelemetry, Inc.)

Action in the Stockholder’s Capacity Only. The Stockholder Stockholder, if a director or officer of the Company, does not make any agreement or understanding herein as a director or officer of the Company. The Stockholder signs this Agreement solely in his its capacity as a recordholder and beneficial owner Beneficial Owner of the Sharesshares of Company Common Stock Beneficially Owned by the Stockholder, and nothing herein shall limit or affect any actions taken in his the Stockholder’s capacity as an officer or director of the Company, including complying with or exercising the Stockholder’s fiduciary duties as a member of the Company Board.

Appears in 2 contracts

Samples: Merger Agreement (VirtualScopics, Inc.), Tender and Support Agreement (BioTelemetry, Inc.)

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Action in the Stockholder’s Capacity Only. The Stockholder Each Stockholder, if a director or officer of the Company, does not make any agreement or understanding herein as a director or officer of the Company. The Each Stockholder signs this Agreement solely in his his, her or its capacity as a recordholder and beneficial owner Beneficial Owner of the Company Shares, and nothing herein shall limit or affect any actions taken in his a Stockholder’s capacity as an officer or director of the Company, including complying with or exercising such Stockholder’s fiduciary duties as a member of the Company Board.

Appears in 2 contracts

Samples: Tender and Support Agreement (Leapfrog Enterprises Inc), Tender and Support Agreement

Action in the Stockholder’s Capacity Only. The Stockholder does not make any 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 in any way restrict or limit or affect the Stockholder from taking any actions taken action in his capacity as an officer or director of the Company or otherwise fulfilling his fiduciary obligations as a director or officer of the Company.

Appears in 1 contract

Samples: Merger Agreement (Home Stake Oil & Gas Co)

Action in the Stockholder’s Capacity Only. The Stockholder does Stockholders, if directors or officers of the Company, do not make any agreement or understanding herein as director a directors or officer officers of the Company. The Stockholder signs Stockholders sign this Agreement solely in his their capacity as a recordholder and beneficial owner Beneficial Owner of the SharesCompany Shares Beneficially Owned by the Stockholders, and nothing herein shall limit or affect any actions taken in his a Stockholder’s capacity as an officer or director of the Company, including complying with or exercising such Stockholder’s fiduciary duties as a member of the Board of Directors of the Company.

Appears in 1 contract

Samples: Tender and Support Agreement (Graftech International LTD)

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