Common use of Capacity as Shareholder Clause in Contracts

Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his or her capacity as a shareholder of Company and it shall not apply in any manner to Shareholder in his or her capacity as a director, officer or employee of Company. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his or her fiduciary duties as a director or officer of Company, if applicable.

Appears in 6 contracts

Samples: Merger Agreement (Home Bancshares Inc), Merger Agreement (Home Bancshares Inc), Merger Agreement (Home Bancshares Inc)

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Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his or her capacity as a shareholder of Company and it shall not apply in any manner to Shareholder in his or her capacity as a director, officer or employee of CompanyCompany or in any other capacity. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his or her fiduciary duties as a director or officer of Company, if applicable.

Appears in 3 contracts

Samples: Merger Agreement (Independent Bank Corp), Merger Agreement (Central Bancorp Inc /Ma/), Voting Agreement (Bank of the Ozarks Inc)

Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his or her capacity as a shareholder of Company and it shall not apply in any manner to Shareholder in his or her capacity as a director, officer or employee director of Company. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his or her fiduciary duties as a director or officer of Company, if applicable.

Appears in 2 contracts

Samples: Merger Agreement (Bank of the Carolinas CORP), Merger Agreement (Bank of the Ozarks Inc)

Capacity as Shareholder. This If Shareholder is an individual, this Agreement shall apply to Shareholder solely in his or her capacity as a shareholder of Company and it shall not apply in any manner to Shareholder in his or her capacity capacity, if any, as a director, director or officer or employee of Company. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with Shareholder’s actions in his or her fiduciary duties capacity, if any, as a director or officer of Company, if applicable.

Appears in 2 contracts

Samples: Merger Agreement (C1 Financial, Inc.), Merger Agreement (Bank of the Ozarks Inc)

Capacity as Shareholder. This Agreement shall apply to the Shareholder solely in his or her its capacity as a shareholder of Company the Company, and it shall not apply in any manner to the Shareholder in his or her any capacity as a director, officer or employee of Company. Nothing contained in this Agreement shall be deemed to apply to, the Company or limit in any mannerother capacity, and shall not limit or affect any actions taken by the obligations of Shareholder to comply with his or her fiduciary duties as a director or officer of Company, if applicablein any such other capacity.

Appears in 2 contracts

Samples: Voting Agreement (Bok Financial Corp Et Al), Voting Agreement (Bok Financial Corp Et Al)

Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his his, her or her its capacity as a shareholder of Company DBI and it shall not apply in any manner to Shareholder in his his, her or her its capacity as a directordirector of DBI, officer or employee of Companyif applicable. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his his, her or her its fiduciary duties as a director or officer of CompanyDBI, if applicable.

Appears in 1 contract

Samples: Merger Agreement (Bank First Corp)

Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his or her capacity as a shareholder of Company Buyer and it shall not apply in any manner to Shareholder in his or her capacity as a director, officer or employee director of CompanyBuyer. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his or her fiduciary duties as a director or officer of CompanyBuyer, if applicable.

Appears in 1 contract

Samples: Merger Agreement (Bank of the Ozarks Inc)

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Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his his, her or her its capacity as a shareholder of Company BFC and it shall not apply in any manner to Shareholder in his his, her or her its capacity as a directordirector of BFC, officer or employee of Companyif applicable. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his his, her or her its fiduciary duties as a director or officer of CompanyBFC, if applicable.

Appears in 1 contract

Samples: Merger Agreement (Bank First Corp)

Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his or her Shareholder’s capacity as a shareholder of Company Seller and it shall not apply in any manner to Shareholder in his or her Shareholder’s capacity as a director, officer or employee of CompanySeller or in any other capacity. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his or her Shareholder’s fiduciary duties as a director or officer of Company, if applicableSeller.

Appears in 1 contract

Samples: Merger Agreement (Charter Financial Corp)

Capacity as Shareholder. This Agreement shall apply to Shareholder solely in his his, her or her its capacity as a shareholder of Company FFB, and it shall not apply in any manner to Shareholder in his his, her or her its capacity as a directordirector or officer of FFB, officer or employee of Companyif applicable. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of Shareholder to comply with his his, her or her its fiduciary duties as a director or officer of CompanyFFB, if applicable.

Appears in 1 contract

Samples: Merger Agreement (First Bancshares Inc /MS/)

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