Common use of Capacity Clause in Contracts

Capacity. The covenants contained herein shall apply to Shareholder solely in his or her capacity as a shareholder of the Company, and no covenant contained herein shall apply to Shareholder in his or her capacity as a director or officer of the Company.

Appears in 25 contracts

Samples: Shareholder Agreement (Western Bancorp), Shareholder Agreement (Western Bancorp), Shareholder Agreement (Western Bancorp)

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Capacity. The covenants contained herein shall apply to Shareholder solely in his or her capacity as a shareholder of the Company, and no covenant contained herein shall apply to Shareholder in his or her capacity as a director or officer of the Company.

Appears in 22 contracts

Samples: Shareholder Agreement (Sc Bancorp), Shareholder Agreement (California Commercial Bankshares), Shareholder Agreement (Monarch Bancorp)

Capacity. The covenants contained herein shall apply to Shareholder solely in his or her capacity as a shareholder of the Company, and no covenant contained herein shall apply to Shareholder in his or her capacity as a director, officer or employee of the Company or in any other capacity. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of the Shareholder to comply with his or her fiduciary duties as a director or officer of the Company.

Appears in 11 contracts

Samples: Agreement and Plan of Reorganization (Banknorth Group Inc/Me), Merger Agreement (Banknorth Group Inc/Me), Merger Agreement (Bancorp Connecticut Inc)

Capacity. The covenants contained herein shall apply to Shareholder solely in his or her capacity as a shareholder of the CompanyParent, and no covenant contained herein shall apply to Shareholder in his or her capacity as a director director, officer or officer employee of Parent or in any other capacity. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of the CompanyShareholder to comply with his or her fiduciary duties as a director, officer or employee of Parent.

Appears in 4 contracts

Samples: Merger Agreement (American River Bankshares), Merger Agreement (Commercial Capital Bancorp Inc), Shareholder Agreement (Commercial Capital Bancorp Inc)

Capacity. The covenants contained herein shall apply to Shareholder solely in his or her capacity as a shareholder of the Company, and no covenant contained herein shall apply to Shareholder in his or her capacity as a director, officer or employee of the Company or in any other fiduciary 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 the Company.

Appears in 3 contracts

Samples: Merger Agreement (Willow Grove Bancorp Inc/New), Shareholder Agreement (KNBT Bancorp Inc), Shareholder Agreement (Northeast Pennsylvania Financial Corp)

Capacity. The covenants contained herein shall apply to Shareholder solely in his or her capacity as a shareholder of the Company, and no covenant contained herein shall apply to Shareholder in his or her capacity as a director, officer or employee of the Company or in any other fiduciary capacity. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of the Shareholder to comply with his or her fiduciary duties as a director or officer of the Company.

Appears in 2 contracts

Samples: Merger Agreement (Banknorth Group Inc/Me), Merger Agreement (Banknorth Group Inc/Me)

Capacity. The covenants contained herein shall apply to the Shareholder solely in his or her the Shareholder's capacity as a shareholder of the Company, and no covenant contained herein shall apply to the Shareholder in his or her any capacity of the Shareholder as a an officer and/or director or officer of the Company.

Appears in 2 contracts

Samples: Support Agreement (Itron Inc /Wa/), Support Agreement (Itron Inc /Wa/)

Capacity. The covenants contained herein shall apply to the Shareholder solely in his or her capacity as a shareholder of the Company, and no covenant contained herein shall apply to the Shareholder in his or her capacity as a an officer and/or director or officer of the Company.

Appears in 2 contracts

Samples: Merger Agreement (Ubarter Com Inc), Voting Agreement (Bsquare Corp /Wa)

Capacity. The covenants contained herein shall apply to Shareholder solely in his or her capacity as a shareholder of the CompanyFirst Mutual, and no covenant contained herein shall apply to Shareholder in his or her capacity as a director director, officer or officer employee of First Mutual or in any other capacity. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of the CompanyShareholder to comply with his or her fiduciary duties as a director, officer or employee of First Mutual.

Appears in 2 contracts

Samples: Merger Agreement (First Mutual Bancshares Inc), Merger Agreement (Washington Federal Inc)

Capacity. The covenants contained herein shall apply to -------- Shareholder solely in his or her capacity as a shareholder of the Company, and no covenant contained herein shall apply to Shareholder in his or her capacity as a director, officer or employee of the Company or in any other capacity. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of the Shareholder to comply with his or her fiduciary duties as a director or officer of the Company.

Appears in 1 contract

Samples: Merger Agreement (American Financial Holdings Inc)

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Capacity. The covenants contained herein shall apply to Shareholder solely in his or her capacity as a shareholder of the Company, and no covenant contained herein shall apply to Shareholder in his or her capacity as a director or officer officer, if applicable, of the Company.

Appears in 1 contract

Samples: Shareholder Agreement (Intellect Capital Group LLC)

Capacity. The covenants contained herein shall apply to -------- Shareholder solely in his or her capacity as a shareholder of the Company, and no covenant contained herein shall apply to Shareholder in his or her capacity as a director or officer officer, if applicable, of the Company.

Appears in 1 contract

Samples: Stock Purchase Agreement (Photoloft Com)

Capacity. The covenants contained herein shall apply to Shareholder the Shareholders solely in his or her capacity as a shareholder of the CompanyHarbor, and no covenant contained herein shall apply to Shareholder the Shareholders in his or her capacity as a director or officer of the Companysuch company.

Appears in 1 contract

Samples: Shareholder Agreement (Harbor Bancorp Inc)

Capacity. The covenants contained herein shall apply to -------- Shareholder solely in his or her capacity as a shareholder Shareholder of the CompanyAcquired Corporation, and no covenant contained herein shall apply to Shareholder in his or her capacity as a director or and/or officer of the CompanyAcquired Corporation.

Appears in 1 contract

Samples: Merger Agreement (FFLC Bancorp Inc)

Capacity. The covenants contained herein shall apply to Shareholder solely in his or her capacity as a shareholder Shareholder of the CompanyAcquired Corporation, and no covenant contained herein shall apply to Shareholder in his or her capacity as a director or and/or officer of the CompanyAcquired Corporation.

Appears in 1 contract

Samples: Voting Agreement (Commercial Bankshares Inc)

Capacity. The covenants contained herein shall apply to Shareholder Stockholder solely in his or her capacity as a shareholder of the Company, and no covenant contained herein shall apply to Shareholder Stockholder in his or her capacity as a director, officer or employee of the Company or in any other capacity. Nothing contained in this Agreement shall be deemed to apply to, or limit in any manner, the obligations of the Stockholder to comply with his or her fiduciary duties as a director or officer of the Company.

Appears in 1 contract

Samples: Merger Agreement (Abington Bancorp Inc)

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