Common use of Capacity as a Shareholder Clause in Contracts

Capacity as a Shareholder. The Shareholders do not make any agreement or understanding herein in their capacity as being a director, officer and/or representative of the Company. The Shareholders make their agreements and understandings herein solely in their capacities as the record holder and beneficial owner of the Shareholder Owned Shares and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken in their capacity as being a director, officer and/or representative of the Company.

Capacity as a Shareholder. The Shareholders do Shareholder does not make any agreement or understanding herein in their his capacity as being a director, director or officer and/or representative of the CompanyEncompass. The Shareholders make their Shareholder makes his agreements and understandings herein solely in their capacities his capacity as the record holder and beneficial owner of the Shareholder Owned Covered Shares and, notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by the Shareholder in their his capacity as being a director, director or officer and/or representative of the CompanyEncompass.