Common use of Capacity as Securityholder Clause in Contracts

Capacity as Securityholder. The parties agree and acknowledge that Securityholder is signing this Agreement solely in Securityholder’s capacity as an Owner of the Subject Securities. Nothing in this Agreement shall limit or affect any actions taken by Securityholder in his or her capacity as a director or officer of the Company, to the extent this Agreement could be construed to restrict the exercise by Securityholder of his or her fiduciary duties in such capacity.

Appears in 2 contracts

Samples: Form of Voting Agreement (DARA BioSciences, Inc.), Stock Purchase Agreement (STR Holdings, Inc.)

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Capacity as Securityholder. The parties agree and acknowledge that Securityholder is signing this Agreement solely in Securityholder’s capacity as an Owner of the Subject Securities. Nothing in this Agreement shall limit or affect any actions taken by Securityholder any individual identified on Schedule I hereto, in his or her capacity as a director or officer of the CompanyIsland, to the extent this Agreement could be construed to restrict the exercise by Securityholder such individual of his or her fiduciary duties in such capacity.

Appears in 1 contract

Samples: Voting Agreement (Interstate Hotels & Resorts Inc)

Capacity as Securityholder. The parties agree and acknowledge that Securityholder is signing this Agreement solely in Securityholder’s capacity as an Owner of the Subject Buyer Securities. Nothing in this Agreement shall limit or affect any actions taken by Securityholder in his or her capacity as a director or officer of the CompanyBuyer, to the extent this Agreement could be construed to restrict the exercise by Securityholder of his or her fiduciary duties in such capacity.

Appears in 1 contract

Samples: Transaction Support Agreement (Midatech Pharma PLC)

Capacity as Securityholder. The parties agree and acknowledge that Securityholder is signing this Agreement solely in Securityholder’s capacity as an Owner of the Subject Securities. Nothing in this Agreement shall limit or affect any actions taken by Securityholder any officer, partner or director of the Securityholder, in his or her capacity as a director or officer of the Company, to the extent this Agreement could be construed to restrict the exercise by Securityholder such individual of his or her fiduciary duties in such capacity.

Appears in 1 contract

Samples: Stock Purchase Agreement (STR Holdings, Inc.)

Capacity as Securityholder. The parties agree and acknowledge that Securityholder is signing this Agreement solely in Securityholder’s capacity as an Owner of the Subject Company Securities. Nothing in this Agreement shall limit or affect any actions taken by Securityholder in his or her capacity as a director or officer of the Company, to the extent this Agreement could be construed to restrict the exercise by Securityholder of his or her fiduciary duties in such capacity.

Appears in 1 contract

Samples: Transaction Support Agreement (Midatech Pharma PLC)

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Capacity as Securityholder. The parties agree and acknowledge that Securityholder is signing this Agreement solely in Securityholder’s capacity as an Owner of the Subject Securities. Nothing in this Agreement shall limit or affect any actions taken by Securityholder in his or her capacity as a director or officer of the CompanyIsland, to the extent this Agreement could be construed to restrict the exercise by Securityholder of his or her fiduciary duties in such capacity.

Appears in 1 contract

Samples: Voting Agreement (Interstate Hotels & Resorts Inc)

Capacity as Securityholder. The parties acknowledge and agree and acknowledge that Securityholder is signing this Agreement solely in such Securityholder’s capacity as an Owner owner of the Subject Securitieshis, her or its Shares. Nothing in this Agreement shall limit or affect any actions taken by Securityholder a Person who is a director or officer of the Company, in his or her capacity as a director or officer of the Company, to the extent this Agreement could be construed to restrict the exercise by Securityholder such Person of his or her fiduciary duties in such capacityhis or her capacity as a director or officer of the Company.

Appears in 1 contract

Samples: Voting Agreement (Switch & Data Facilities Company, Inc.)

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