Common use of Fiduciary Obligations Clause in Contracts

Fiduciary Obligations. 2.1 Notwithstanding any other provision of this Agreement, the Company and Liberty hereby agree and acknowledge that the Holder is bound hereunder solely in his or her capacity as a securityholder of the Company and that the provisions hereof shall not be deemed or interpreted to bind the Holder in his or her capacity as a director or officer of the Company. Nothing in this Agreement shall: (a) limit or affect any actions or omissions taken by the Holder in his or her capacity as a director or officer of the Company, including in exercising rights under the Arrangement Agreement and no such actions or omissions shall be deemed a breach of this Agreement; or (b) be construed to prohibit, limit or restrict the Holder from fulfilling his or her fiduciary duties as a director or officer of the Company. The Holder acknowledges that the Arrangement Agreement imposes certain restrictions on the actions of the Company and its officers and directors.

Fiduciary Obligations. 2.1 Notwithstanding any other provision of this Agreement, the Company and Liberty hereby agree and acknowledge that the Holder is bound hereunder solely in his or her capacity as a securityholder of the Company and that the provisions hereof shall not be deemed or interpreted to bind the Holder in his or her capacity as a director or officer an employee of the Company. Nothing in this Agreement shall: (a) limit or affect any actions or omissions taken by the Holder in his or her capacity as a director or officer of the CompanyCompany (as applicable), including in exercising rights under the Arrangement Agreement and no such actions or omissions shall be deemed a breach of this Agreement; or (b) be construed to prohibit, limit or restrict the Holder from fulfilling his or her fiduciary duties as a director or officer of the CompanyCompany (as applicable). The Holder acknowledges that the Arrangement Agreement imposes certain restrictions on the actions of the Company and its officers and directors.