Common use of Capacity as Stockholder Clause in Contracts

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (a) Stockholder signs this Agreement solely in Stockholder’s capacity as a beneficial owner of the Subject Shares, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of Stockholder, any Affiliate thereof or any of their respective Representatives or designees in its capacity, if applicable, as an officer, director, employee or agent of the Company, and (b) nothing herein shall in any way restrict a director, officer, employee or agent of the Company in the taking of any actions (or failure to act) in his or her capacity as such, or in the exercise of his or her fiduciary duties as a director or officer of the Company or otherwise, or prevent or be construed to create any obligation on the part of any director, officer, employee or agent of the Company from taking any action in his or her capacity as such.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (a) each Stockholder signs this Agreement solely in such Stockholder’s capacity as a beneficial owner Stockholder of the Subject SharesCompany, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of Stockholdersuch Stockholder or any affiliate, any Affiliate thereof employee or designee of such Stockholder or any of their respective Representatives or designees its affiliates in its capacity, if applicable, as an officer, director, employee officer or agent director of the Company, and (b) nothing herein shall in any way restrict a director, officer, employee director or agent officer of the Company in the taking of any actions (or failure to act) in his or her capacity as sucha director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company or otherwiseCompany, or prevent or be construed to create any obligation on the part of any director, officer, employee director or agent officer of the Company from taking any action in his or her capacity as suchsuch director or officer.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (ai) each Stockholder signs this Agreement solely in Stockholder’s its capacity as a beneficial owner stockholder of the Subject SharesCompany, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of Stockholdersuch Stockholder or any affiliate, any Affiliate thereof employee or designee of such Stockholder or any of their respective Representatives or designees its affiliates in its capacity, if applicable, as an officer, director, employee officer or agent director of the CompanyCompany or any other Person, and (bii) nothing herein shall in any way restrict a director, officer, employee director or agent officer of the Company in the taking of any actions (or failure to act) in his or her capacity as sucha director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company or otherwiseCompany, or prevent or be construed to create any obligation on the part of any director, officer, employee director or agent officer of the Company from taking any action in his or her capacity as suchsuch director or officer.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (ai) each Stockholder signs this Agreement solely in such Stockholder’s capacity as a beneficial owner Stockholder of the Subject SharesCompany, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of Stockholdersuch Stockholder or any affiliate, any Affiliate thereof employee or designee of such Stockholder or any of their respective Representatives or designees its affiliates in its capacity, if applicable, as an officer, director, employee officer or agent director of the Company, and (bii) nothing herein shall in any way restrict a director, officer, employee director or agent officer of the Company in the taking of any actions (or failure to act) in his or her capacity as sucha director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company or otherwiseCompany, or prevent or be construed to create any obligation on the part of any director, officer, employee director or agent officer of the Company from taking any action in his or her capacity as suchsuch director or officer.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (ai) each Stockholder signs this Agreement solely in such Stockholder’s capacity as a beneficial owner stockholder of the Subject SharesCompany, and not in any other capacity capacity, and this Agreement shall not limit or otherwise affect the actions of Stockholdersuch Stockholder or any affiliate, any Affiliate thereof employee or designee of such Stockholder or any of their respective Representatives or designees its affiliates in its capacity, if applicable, as an officer, director, employee officer or agent director of the Company, and (bii) nothing herein shall in any way restrict a director, officer, employee director or agent officer of the Company in the taking of any actions (or failure to act) in his or her capacity as sucha director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company or otherwiseCompany, or prevent or be construed to create any obligation on the part of any director, officer, employee director or agent officer of the Company from taking any action in his or her capacity as suchsuch director or officer.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (ai) the Stockholder signs this Agreement solely in the Stockholder’s capacity as a beneficial owner stockholder of the Subject SharesCompany, and not in any other capacity and this Agreement shall not limit or otherwise affect the actions of Stockholderthe Stockholder or any affiliate, any Affiliate thereof employee or designee of the Stockholder or any of their respective Representatives or designees its affiliates in its capacity, if applicable, as an officer, director, employee officer or agent director of the CompanyCompany or any other Person, and (bii) nothing herein shall in any way restrict a director, officer, employee director or agent officer of the Company in the taking of any actions (or failure to act) in his or her capacity as sucha director or officer of the Company, or in the exercise of his or her fiduciary duties as a director or officer of the Company or otherwiseCompany, or prevent or be construed to create any obligation on the part of any director, officer, employee director or agent officer of the Company from taking any action in his or her capacity as suchsuch director or officer.

Capacity as Stockholder. Notwithstanding anything herein to the contrary, (a) each Stockholder signs this Voting Agreement solely in Stockholder’s its, his or her capacity as a beneficial owner stockholder of the Subject SharesCompany, and not in any other capacity and this Voting Agreement shall not limit or otherwise affect the actions of such Stockholder, any Affiliate thereof or any of their respective Representatives or designees in its capacity, if applicable, as an officer, director, employee or agent of the Company, and (b) nothing herein shall in any way restrict a director, officer, employee or agent of the Company in the taking of any actions (or failure to act) in his or her capacity as such, or in the exercise of his or her fiduciary duties as a director or officer of the Company or otherwiseCompany, or prevent or be construed to create any obligation on the part of any director, officer, employee or agent of the Company from taking any action in his or her capacity as such.