Capacity as a Stockholder; Fiduciary Duties. Stockholder enters into this Agreement solely in its capacity as the record or beneficial owner of the Subject Shares. Nothing contained in this Agreement shall limit the rights and obligations of Stockholder, any of Stockholder’s affiliates, Representatives or any employee of any of Stockholder’s affiliates in his or her capacity as a director or officer of the Company, and the agreements set forth herein shall in no way restrict any director or officer of the Company in the exercise of his or her fiduciary duties as a director or officer of the Company.
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Samples: Tender and Support Agreement (Soundbite Communications Inc), Tender and Support Agreement (Soundbite Communications Inc), Tender and Support Agreement (Soundbite Communications Inc)
Capacity as a Stockholder; Fiduciary Duties. Stockholder enters into Notwithstanding anything in this Agreement solely to the contrary: (a) Stockholder does not make any agreement or understanding herein in its any capacity other than in Stockholder’s capacity as the a record or holder and beneficial owner of the Subject Shares. Nothing contained , and makes no agreement or understanding in this Agreement shall limit the rights and obligations of Stockholder, any of Stockholder’s affiliates, Representatives or any employee of any of Stockholder’s affiliates in his or her capacity as a director director, officer or officer of the Company, and the agreements set forth herein shall in no way restrict any director or officer employee of the Company or any of its subsidiaries or in the exercise of his or her fiduciary duties Stockholder’s capacity as a director trustee or officer fiduciary of the Company.any employee benefit plan or trust, and
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