Common use of Capacity as Stockholder Clause in Contracts

Capacity as Stockholder. Each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Stockholder or any affiliate, employee or designee of such Stockholder or any of its affiliates in its capacity, if applicable, as an officer or director of the Company.

Capacity as Stockholder. Each Notwithstanding anything herein to the contrary, Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder stockholder of the Company, and not in any other capacity capacity, and this Agreement shall not limit or otherwise affect the actions (or failure to take any actions) of such Stockholder or any affiliateAffiliate, employee or designee of such Stockholder or any of its affiliates Affiliates in its his or her capacity, if applicable, as an officer or director of the CompanyCompany or any other Person.

Capacity as Stockholder. Each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder stockholder of the Company, and not in any other such Stockholder’s capacity and this Agreement shall not limit or otherwise affect as a director of the actions of such Stockholder or any affiliate, employee or designee of such Stockholder Company or any of its affiliates Subsidiaries. Nothing herein shall in its capacityany way restrict a director of the Company in the exercise of his or her fiduciary duties as a director of the Company or prevent any director of the Company from taking, if applicableor not taking, any action in his or her capacity as an officer or a director of the Company.

Capacity as Stockholder. Each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder stockholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Stockholder or any affiliate, employee or designee of such Stockholder or any of its affiliates in its capacitynot, if applicable, in such Stockholder’s capacity as an a director or officer of the Company. Nothing herein shall in any way restrict a Stockholder that is director or officer of the Company in the taking of any actions (or failure to act) in his or her capacity as a director or officer of the Company if such action (or failure to act) would be inconsistent with the exercise of his or her fiduciary duties as a director or officer of the Company.

Capacity as Stockholder. Each Stockholder signs The provisions of this Agreement solely shall only bind the Stockholder in such the Stockholder’s capacity as a Stockholder stockholder of Seller and shall in no way affect any actions taken by the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Stockholder or any affiliate, employee affiliate of the Stockholder in his or designee of such Stockholder or any of its affiliates in its capacity, if applicable, her capacity as an officer or director of the CompanySeller.

Capacity as Stockholder. Each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder of the Company, and not in such Stockholder’s capacity as an officer or director of the Company or any other capacity and this Agreement shall not limit or otherwise affect the actions of such Stockholder or any affiliate, employee or designee of such Stockholder or any of its affiliates in its capacity, if applicable, as an officer or director of the Company, including in the exercise of such person’s fiduciary duties as a director or officer of the Company.

Capacity as Stockholder. Each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder of the Company, and not in any other such Stockholder’s capacity and this Agreement shall not limit as a director, officer or otherwise affect employee of the actions of such Stockholder or any affiliate, employee or designee of such Stockholder Company or any of its affiliates Subsidiaries or in its capacitysuch Stockholder’s capacity as a trustee or fiduciary of any employee benefit plan or trust, if applicable, as an officer or director of the Companyin any other capacity whatsoever.

Capacity as Stockholder. Each Stockholder signs this Agreement agreement solely in such Stockholder’s capacity as a Stockholder stockholder of the Company and nothing herein will in any way restrict a director of the Company in the taking of any actions (or failure to act) in his or her capacity as a director of the Company, and not or in any other capacity and this Agreement shall not limit the exercise of his or otherwise affect the actions of such Stockholder or any affiliate, employee or designee of such Stockholder or any of its affiliates in its capacity, if applicable, her fiduciary duties as an officer or a director of the Company...

Capacity as Stockholder. Each Notwithstanding anything herein to the contrary, Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder stockholder of the Company, and not in any other capacity capacity, and this Agreement shall not limit or otherwise affect the actions (or failure to take any actions) of such Stockholder or any affiliateAffiliate, employee or designee of such Stockholder or any of its affiliates [its][his/her] Affiliates in its his or her capacity, if applicable, as an officer or director of the CompanyCompany or any other Person.

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

Capacity as Stockholder. Each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder stockholder of the Company, and not in any other Stockholder’s capacity and as a director, officer or employee of the Company. Notwithstanding anything herein to the contrary, nothing in this Agreement shall not limit in any way restrict a director or otherwise affect officer of the actions Company in the exercise of such Stockholder his or any affiliate, employee her fiduciary duties in his or designee of such Stockholder her capacity as a director or any of its affiliates in its capacity, if applicable, as an officer or director of the Company.

Capacity as Stockholder. Each This Agreement shall apply to each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder stockholder of the Company, Company and shall not apply in any manner to any Stockholder in any capacity as a director or officer of the Company or its Subsidiaries or in any other capacity (and this Agreement shall not limit or otherwise affect any actions taken by any Stockholder in the actions capacity of director or officer of the Company or its Subsidiaries, and no such action taken by such Stockholder in the capacity of director or any affiliate, employee or designee of such Stockholder or any of its affiliates in its capacity, if applicable, as an officer or director of the CompanyCompany or its Subsidiaries shall be deemed to constitute a breach of this Agreement).

Capacity as Stockholder. Each Stockholder signs The provisions of this Agreement solely shall only bind the Stockholder in such the Stockholder’s 's capacity as a Stockholder stockholder of Seller and shall in no way affect any actions taken by the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Stockholder or any affiliate, employee affiliate of the Stockholder in his or designee of such Stockholder or any of its affiliates in its capacity, if applicable, her capacity as an officer or director of the CompanySeller.

Capacity as Stockholder. Each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder of the CompanyParent, and not in any other such Stockholder’s capacity and this Agreement shall not limit as a director, officer or otherwise affect the actions employee of such Stockholder or any affiliate, employee or designee of such Stockholder Parent or any of its affiliates subsidiaries or in its capacity, if applicable, such Stockholder’s capacity as an officer a trustee or director fiduciary of the Companyany ERISA plan or trust.

Capacity as Stockholder. Each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder stockholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Stockholder or any affiliate, employee agent or designee of such Stockholder or any of its affiliates in its capacity, if applicable, as an officer or director of the Company. Xxxxxxx hereby agrees to cause the Trust to take and perform all of its covenants and obligations hereunder.

Capacity as Stockholder. Each Stockholder signs The provisions of this Agreement solely shall only bind the Stockholder in such the Stockholder’s capacity as a Stockholder stockholder of Seller and shall in no way affect any actions taken by the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Stockholder or any affiliate, employee affiliate of the Stockholder in his or designee of such Stockholder or any of its affiliates in its capacity, if applicable, her capacity as an officer or director of the Company.Seller. 5.12

Capacity as Stockholder. Each This Agreement shall apply to the Stockholder signs this Agreement solely in such Stockholder’s his, her or its capacity as a Stockholder of the Company, and it shall not apply in any manner to Stockholder in any capacity as a director, officer or employee of the Company or its subsidiaries or in any other capacity capacity, and this Agreement shall not limit or otherwise affect any actions taken by the actions of Stockholder in such Stockholder or any affiliate, employee or designee of such Stockholder or any of its affiliates in its other capacity, if applicable, as an officer or director of the Company.

Capacity as Stockholder. Each The Stockholder signs is signing this Agreement solely in such the Stockholder’s capacity as a Stockholder of the Company, and not in any other capacity capacity, and this Agreement shall not limit or otherwise affect the actions of such the Stockholder in his, her or any affiliate, employee or designee of such Stockholder or any of its affiliates in its capacity, if applicable, as an officer or director of the Company.

Capacity as Stockholder. Each This Agreement shall apply to the Stockholder signs this Agreement solely in such Stockholder’s its capacity as a Stockholder of stockholder the Company, and it shall not apply in any manner to the Stockholder in any capacity as a director, officer or employee of the Company or its Subsidiaries or in any other capacity capacity, and this Agreement shall not limit or otherwise affect any actions taken by the actions of Stockholder in any such Stockholder or any affiliate, employee or designee of such Stockholder or any of its affiliates in its other capacity, if applicable, as an officer or director of the Company.

Capacity as Stockholder. Each Stockholder signs is signing this Agreement solely in such Stockholder’s capacity as a Stockholder of the Company, and not in any other capacity capacity, and this Agreement shall not limit or otherwise affect the actions of such Stockholder in his, her or any affiliate, employee or designee of such Stockholder or any of its affiliates in its capacity, if applicable, as an officer or director of the Company.

Capacity as Stockholder. Each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder stockholder of the Company, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of such Stockholder or any affiliate, employee agent or designee of such Stockholder or any of its affiliates in its capacity, if applicable, as an officer or director of the Company, including in connection with the taking of any action in connection with an Acquisition Proposal in accordance with the Merger Agreement.

Capacity as Stockholder. Each Stockholder signs this Agreement solely in such Stockholder’s capacity as a Stockholder stockholder of the Company, and not in any other such Stockholder’s capacity and this Agreement shall not limit or otherwise affect the actions of such Stockholder or any affiliate, employee or designee of such Stockholder or any of its affiliates in its capacity, (if applicable, any) as an officer or director of the Company.