Common use of Capacity as Stockholder Clause in Contracts

Capacity as Stockholder. The Stockholder signs this Agreement solely in the Stockholder’s capacity as a Company stockholder, and not in the Stockholder’s capacity as a director, officer or employee of the Company or in the Stockholder’s capacity as a trustee or fiduciary of any employee benefit plan or trust. Notwithstanding anything herein to the contrary, nothing herein shall in any way restrict a director or officer of the Company in the exercise of his or her fiduciary duties as a director or officer of the Company or in his or her capacity as a trustee or fiduciary of any employee benefit plan or trust, or prevent any director or officer of the Company or any trustee or fiduciary of any employee benefit plan or trust from taking any action in his or her capacity as such director, officer, trustee or fiduciary.

Appears in 4 contracts

Samples: Form of Support Agreement (KBL Merger Corp. Iv), Form of Support Agreement (WPCS International Inc), Form of Support Agreement (WPCS International Inc)

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Capacity as Stockholder. The Stockholder signs this Agreement solely in the Stockholder’s capacity as a Company WPCS stockholder, and not in the Stockholder’s capacity as a director, officer or employee of the Company WPCS or in the Stockholder’s capacity as a trustee or fiduciary of any employee benefit plan or trust. Notwithstanding anything herein to the contrary, nothing herein shall in any way restrict a director or officer of the Company WPCS in the exercise of his or her fiduciary duties as a director or officer of the Company WPCS or in his or her capacity as a trustee or fiduciary of any employee benefit plan or trust, or prevent any director or officer of the Company WPCS or any trustee or fiduciary of any employee benefit plan or trust from taking any action in his or her capacity as such director, officer, trustee or fiduciary.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (WPCS International Inc), Form of Support Agreement (WPCS International Inc), Form of Support Agreement (WPCS International Inc)

Capacity as Stockholder. The Stockholder signs executes and delivers this Agreement solely in the Stockholder’s capacity as a Company stockholderstockholder of the Company, and not in the Stockholder’s capacity as a director, officer or employee of the Company or in the Stockholder’s capacity as a trustee or fiduciary of any employee benefit plan or trust. Notwithstanding anything herein in this Agreement to the contrary, nothing herein in this Agreement shall in any way restrict a director or officer of the Company in the exercise of his or her fiduciary duties as a director or officer of the Company or in his or her capacity as a trustee or fiduciary of any employee benefit plan or trust, or prevent any director or officer of the Company or any trustee or fiduciary of any employee benefit plan or trust from taking any action in his or her capacity as such director, officer, trustee or fiduciaryfiduciary and none of such actions in such capacity shall be deemed to constitute a breach of this Agreement.

Appears in 2 contracts

Samples: Stockholder Support Agreement (OncoMed Pharmaceuticals Inc), Form of Stockholder Support Agreement (OncoMed Pharmaceuticals Inc)

Capacity as Stockholder. The Stockholder signs this Agreement solely in the Stockholder’s capacity as a Company stockholder, and not in the Stockholder’s capacity as a director, officer officer, or employee of the Company or in the Stockholder’s capacity as a trustee or fiduciary of any employee benefit plan or trust. Notwithstanding anything herein to the contrary, nothing herein shall in any way restrict a director or officer of the Company in the exercise of his or her fiduciary duties as a director or officer of the Company or in his or her capacity as a trustee or fiduciary of any employee benefit plan or trust, or prevent any director or officer of the Company or any trustee or fiduciary of any employee benefit plan or trust from taking any action in his or her capacity as such director, officer, trustee or fiduciary. 4.15.

Appears in 1 contract

Samples: Company Stockholder Support Agreement (Caladrius Biosciences, Inc.)

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Capacity as Stockholder. The Stockholder signs this Agreement solely in the Stockholder’s capacity as a Company stockholder, and not in the Stockholder’s capacity as a director, officer or employee of the Company or in the Stockholder’s capacity as a trustee or fiduciary of any employee benefit plan or trust. Notwithstanding anything herein to the contrary, nothing herein shall in any way limit or restrict a director or officer of the Company in the exercise of his or her fiduciary duties as a director or officer of the Company or in his or her capacity as a trustee or fiduciary of any employee benefit plan or trust, or prevent any director or officer of the Company or any trustee or fiduciary of any employee benefit plan or trust from taking or failing to take any action in his or her capacity as such director, officer, trustee or fiduciaryfiduciary and no such action or omission will be deemed a breach of this Agreement.

Appears in 1 contract

Samples: Form of Voting Agreement (OvaScience, Inc.)

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