Common use of Capacity as a Stockholder Clause in Contracts

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parent, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of the Stockholder in his or her capacity, if applicable, as an officer or director of Parent or any other Person.

Appears in 6 contracts

Samples: Voting and Support Agreement (Nationstar Mortgage Holdings Inc.), Voting and Support Agreement (Nationstar Mortgage Holdings Inc.), Voting and Support Agreement (Nationstar Mortgage Holdings Inc.)

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Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions or inactions of any affiliate, representative, employee or designee of the Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer officer, director or director fiduciary of Parent the Company or any of its Subsidiaries or any other Person.

Appears in 3 contracts

Samples: Stockholder Support Agreement (Insight Acquisition Corp. /DE), Stockholder Support Agreement (Growth Capital Acquisition Corp.), Voting and Support Agreement (Ikonics Corp)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity capacity, and this Agreement shall not limit or otherwise affect the actions of any affiliate, employee or designee of the Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 3 contracts

Samples: Support Agreement (Talos Energy Inc.), Support Agreement (Talos Energy Inc.), Support Agreement (Callaway Golf Co)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions (including the exercise of fiduciary duties) in accordance with applicable Law of any Affiliate, employee or designee of the Stockholder or any of its Affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 3 contracts

Samples: Support Agreement (Sunrun Inc.), Support Agreement (Vivint Solar, Inc.), Support Agreement (Sunrun Inc.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of any affiliate, employee or designee of the Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person. [The remainder of this page is intentionally left blank.]

Appears in 3 contracts

Samples: Agreement and Plan of Merger (BRAC Lending Group LLC), Merger Agreement (Big Rock Partners Sponsor, LLC), Support Agreement (Trine Acquisition Corp.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of the Stockholder or any Affiliate, employee or designee of the Stockholder or any of their respective Affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 3 contracts

Samples: Company Stockholder Support Agreement (Soaring Eagle Acquisition Corp.), Support Agreement (Holicity Inc.), Support Agreement (Flying Eagle Acquisition Corp.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of any affiliate, employee or designee of the Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 3 contracts

Samples: Support Agreement (RMG Acquisition Corp.), Support Agreement (Mosaic Acquisition Corp.), Voting and Support Agreement (Wmih Corp.)

Capacity as a Stockholder. Notwithstanding anything herein any provision of this Agreement to the contrary, the Stockholder signs nothing in this Agreement shall limit or restrict Stockholder in his capacity as a director or officer of the Company or any designee, employee, representative or affiliate of Stockholder who is a director or officer of the Company (in all cases, to the extent applicable) from acting in such capacity or voting in such person’s sole discretion on any matter (it being understood that this Agreement shall apply to Stockholder solely in the Stockholder’s capacity as a stockholder of Parent, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of the Stockholder in his or her capacity, if applicable, as an officer or director of Parent or any other PersonCompany).

Appears in 2 contracts

Samples: Voting Agreement (Express-1 Expedited Solutions Inc), Voting Agreement (Express-1 Expedited Solutions Inc)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parent, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions (including the exercise of fiduciary duties) in accordance with applicable Law of any Affiliate, employee or designee of the Stockholder or any of its Affiliates in his or her capacity, if applicable, as an officer or director of Parent or any other Person.

Appears in 2 contracts

Samples: Support Agreement (Sunrun Inc.), Support Agreement (Vivint Solar, Inc.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the each Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity (including as an officer or director of the Company) and this Agreement shall not limit or otherwise affect the actions of the Stockholder (or any affiliate, employee or designee of the Stockholder) in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 2 contracts

Samples: Voting and Support Agreement (Reinvent Technology Partners Y), Voting and Support Agreement (Gores Metropoulos II, Inc.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Company Stockholder signs this Agreement solely in the Company Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity (including as an officer or director of the Company) and this Agreement shall not limit or otherwise affect the actions of the Company Stockholder (or any affiliate, employee or designee of the Company Stockholder) in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 2 contracts

Samples: Support Agreement (Vector Acquisition Corp), Support Agreement (Stable Road Acquisition Corp.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the each Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity capacity, and this Agreement shall not limit or otherwise affect the actions of any affiliate, employee or designee of the Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 2 contracts

Samples: Parent Support Agreement (Talos Energy Inc.), Parent Support Agreement (Talos Energy Inc.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs is signing this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of the Stockholder or any Affiliate, employee or designee of the Stockholder or any of their respective Affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 2 contracts

Samples: Voting and Support Agreement (Capitol Investment Corp. V), Voting and Support Agreement (Acies Acquisition Corp.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of any Affiliate, employee or designee of the Stockholder or any of its Affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 1 contract

Samples: Support Agreement (Experience Investment Corp.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the each Stockholder signs this Agreement solely in the such Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of the any Affiliate, director, officer, employee or designee of such Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 1 contract

Samples: Stockholder Support Agreement (Isos Acquisition Corp.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the each Stockholder signs this Agreement solely in the such Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions (including the exercise of the fiduciary duties) in accordance with applicable Law of any Affiliate, employee or designee of such Stockholder or any of its Affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 1 contract

Samples: Voting and Support Agreement (Fortress Investment Group LLC)

Capacity as a Stockholder. Notwithstanding anything herein in this Agreement to the contrary, the each Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parent, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions or inactions of any Affiliate, Representative or designee of the Stockholder or any of its Affiliates in his or her capacity, if applicable, as an officer or director of Parent or any other Person.

Appears in 1 contract

Samples: Voting and Support Agreement (SilverSun Technologies, Inc.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of any affiliate, employee, or designee of the Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 1 contract

Samples: Business Combination Agreement (Priveterra Acquisition Corp.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit limit, prevent or otherwise affect the actions of the Stockholder or any Affiliate, employee or designee of the Stockholder or any of their respective Representatives in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 1 contract

Samples: Transaction Support Agreement (Omnichannel Acquisition Corp.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the each Stockholder signs this Agreement solely in the such Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of the any affiliate, employee or designee of such Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 1 contract

Samples: Merger Agreement (LGL Systems Acquisition Corp.)

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Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parent, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of any affiliate, employee or designee of the Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer or director of Parent or any other Person. [The remainder of this page is intentionally left blank.]

Appears in 1 contract

Samples: Voting and Support Agreement (Nationstar Mortgage Holdings Inc.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Company Stockholder signs this Agreement solely in the Company Stockholder’s capacity as a stockholder holder of Parentthe Subject Equity Securities, and not in any other capacity (including as an officer or director of the Company) and this Agreement shall not limit or otherwise affect the actions of the Company Stockholder (or any affiliate, employee or designee of the Company Stockholder) in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 1 contract

Samples: Support Agreement (VPC Impact Acquisition Holdings III, Inc.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the each Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder Stockholder of ParentCompany, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions or inactions of any affiliate, representative, employee or designee of the Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer officer, director or director fiduciary of Parent the Company or any of its subsidiaries or any other Person.

Appears in 1 contract

Samples: Voting and Support Agreement (Pascual Bryan J.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity (including as an officer or director of the Company) and this Agreement shall not limit or otherwise affect the actions of the Stockholder (or any affiliate, employee or designee of the Stockholder) in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 1 contract

Samples: Support Agreement (Gores Metropoulos, Inc.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the each Stockholder signs this Agreement solely in the such Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity capacity, and this Agreement shall not limit or otherwise affect the actions of the any affiliate, employee or designee of such Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 1 contract

Samples: Company Support Agreement (Talos Energy Inc.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of any affiliate, employee or designee of the Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer officer, director, employee or director fiduciary of Parent the Company or any other Personperson.

Appears in 1 contract

Samples: Business Combination Agreement (Andretti Acquisition Corp.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder Shareholder signs this Agreement solely in the StockholderShareholder’s capacity as a stockholder holder of Parentthe Subject Equity Securities, and not in any other capacity (including as an officer or director of Acquiror) and this Agreement shall not limit or otherwise affect the actions of the Stockholder Shareholder (or any affiliate, employee or designee of the Shareholder) in his or her capacity, if applicable, as an officer or director of Parent Acquiror or any other Person.

Appears in 1 contract

Samples: Insider Support Agreement (Target Global Acquisition I Corp.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of any affiliate, employee or designee of the Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer officer, director, employee or director fiduciary of Parent the Company or any other Person.

Appears in 1 contract

Samples: Merger Agreement (North Mountain Merger Corp.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of ParentGCAC, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of any affiliate, employee or designee of the Stockholder or any of its affiliates in his or her capacity, if applicable, as an officer or director of Parent GCAC or any other Person.

Appears in 1 contract

Samples: Stockholder Support Agreement (Growth Capital Acquisition Corp.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company and, following the Closing, Acquiror, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of any Affiliate, employee or designee of the Stockholder or any of its Affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 1 contract

Samples: Lockup Agreement (Experience Investment Corp.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the Stockholder signs is signing this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of the Stockholder or any Affiliate, employee or designee of the Stockholder or any of their respective Affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.. ​ ​ ​

Appears in 1 contract

Samples: Voting and Support Agreement (AltC Acquisition Corp.)

Capacity as a Stockholder. Notwithstanding anything herein in this Agreement to the contrary, the each Stockholder signs this Agreement solely in the Stockholder’s capacity as a stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions or inactions of any Affiliate, Representative or designee of the Stockholder or any of its Affiliates in his or her capacity, if applicable, as an officer or director of Parent or any other Person.

Appears in 1 contract

Samples: Voting and Support Agreement (SilverSun Technologies, Inc.)

Capacity as a Stockholder. Notwithstanding anything herein to the contrary, the each Stockholder signs this Agreement solely in the such Stockholder’s capacity as a direct or indirect stockholder of Parentthe Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of the such Stockholder or any Affiliate, employee or designee of such Stockholder or any of their respective Affiliates in his or her capacity, if applicable, as an officer or director of Parent the Company or any other Person.

Appears in 1 contract

Samples: Support Agreement (CBRE Acquisition Holdings, Inc.)

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