Capacity as Shareholders Clause Samples

Capacity as Shareholders. Shareholder has entered into this agreement solely in its capacity as the owner of Shares. Notwithstanding anything to the contrary herein, nothing herein shall limit or affect any actions taken by Shareholder or its Representatives and Affiliates or any other person in such Shareholder’s capacity as a director of the Company or its Subsidiary, and nothing in this Agreement shall prohibit or restrict Shareholder from exercising his or her fiduciary duties as a director of the Company or from otherwise taking any action or inaction in his or her capacity as a director of the Company, or subject to his or her fiduciary duties to the Company, or as may otherwise be required by Law, and no such exercise of fiduciary duties or action or inaction taken in such capacity as a director of the Company shall be deemed to constitute a breach of this Agreement.

Capacity as Shareholders. No person executing this Agreement who is or becomes an officer or director of Company makes any agreement or understanding herein in his or her capacity as such officer or director. Each of the Shareholders signs solely in its capacity as the legal and beneficial owner of the Shares held by such Shareholder. Nothing herein shall limit or affect any actions taken by any Shareholder or any officer, director, employee or representative of any Shareholder in his or her capacity as an officer or director of Company.