FIDUCIARY RESPONSIBILITIES. Notwithstanding any other provision of this Agreement to the contrary, nothing contained in this Agreement shall limit the rights and obligations of the Shareholder in his capacity as a director or officer of the Company from taking any action in his capacity as a director or officer of the Company, and no action taken by the Shareholder in any such capacity shall be deemed to constitute a breach of any provision of this Agreement.
Appears in 9 contracts
Samples: Undertaking Agreement (Tecnomatix Technologies LTD), Undertaking Agreement (Tecnomatix Technologies LTD), Undertaking Agreement (Tecnomatix Technologies LTD)
FIDUCIARY RESPONSIBILITIES. Notwithstanding any other provision of this Agreement to the contrary, nothing contained in this Agreement shall limit the rights and obligations of the any officer of any Shareholder in his capacity as a director or officer of the Company from taking any action in his capacity as a director or officer of the Company that the Company’s Board of Directors is permitted to take pursuant to the terms of the Merger Agreement, and no such action taken by the an officer of any Shareholder in any such capacity shall be deemed to constitute a breach of any provision of this Agreement.
Appears in 2 contracts
Samples: Voting Agreement (Atticus Capital LP), Voting Agreement (F & H Acquisition Corp)
FIDUCIARY RESPONSIBILITIES. Notwithstanding any other provision of this Agreement to the contrary, nothing contained in this Agreement shall limit the rights and obligations of the Shareholder Stockholder in his capacity as a director or officer of the Company from taking any action solely in his capacity as a director or officer of the Company, and no action taken by the Shareholder Stockholder in any such capacity shall be deemed to constitute a breach of any provision of this Agreement.
Appears in 2 contracts
Samples: Stockholder Voting and Support Agreement (Middleby Corp), Stockholder Voting and Support Agreement (Turbochef Technologies Inc)
