Common use of No Agreement as Director or Officer Clause in Contracts

No Agreement as Director or Officer. Company acknowledges that the Shareholder is bound hereunder solely in its capacity as a security holder of the Company and, if the Shareholder is a director or officer of the Company, that the provisions hereof shall not be deemed or interpreted to bind the Shareholder 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 Shareholder 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 Shareholder from fulfilling his or her fiduciary duties as a director or officer of the Company.

No Agreement as Director or Officer. Company acknowledges that Notwithstanding anything to the contract in this Agreement, Shareholder is bound hereunder solely makes no agreement or understanding in this Agreement in Shareholder’s or its capacity affiliates (as a security holder of defined in the Company and, if the Shareholder is a director or officer of the Company, that the provisions hereof shall not be deemed or interpreted to bind the Shareholder in his or her Merger Agreement) capacity as a director or officer of the Company. Nothing Company or any of its subsidiaries (if Shareholder or any such affiliate holds such office), and nothing in this Agreement shall: (ai) will limit or affect any actions or omissions taken by the Shareholder or its affiliates in his Shareholder’s or her any such affiliate’s capacity as such a director or officer of the Companyofficer, including in exercising rights under the Arrangement Agreement Merger Agreement, and no such actions or omissions omission shall be deemed a breach of this Agreement or (bii) will be construed to prohibit, limit or restrict the Shareholder or its affiliates from fulfilling his exercising Shareholder’s or her any such affiliate’s fiduciary duties as a an officer or director to the Company or officer of the Companyits shareholders.

No Agreement as Director or Officer. Company The Buyer acknowledges that the Shareholder is bound hereunder solely in its capacity as a security holder of the Company and, if the Shareholder is a director or officer of the Company, that the provisions hereof shall not be deemed or interpreted to bind the Shareholder 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 Shareholder 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 Shareholder from fulfilling his or her fiduciary duties as a director or officer of the Company.

No Agreement as Director or Officer. Company acknowledges that The Shareholders make no agreement or understanding in this Agreement in the Shareholder is bound hereunder solely in its capacity as a security holder Shareholders’ or any of the Company and, if the Shareholder is a director or officer of the Company, that the provisions hereof shall not be deemed or interpreted to bind the Shareholder in his or her Shareholders’ Representatives’ capacity as a director or officer of the Company. Nothing Company or any of its respective Affiliates (if the Shareholders or any of their Representatives holds such office), and nothing in this Agreement shallAgreement: (a) will limit or affect any actions or omissions taken by the Shareholder Shareholders or any of the Shareholders’ Representatives in his its or her their capacity as such a director or officer of the Companyofficer, including in exercising rights under the Arrangement Agreement Transaction Agreement, and no such actions or omissions shall be deemed a breach of this Agreement Agreement; or (b) will be construed to prohibit, limit limit, or restrict the Shareholder Shareholders or any of the Shareholders’ Representatives’ from fulfilling his exercising the Shareholders’ or her their Representatives’ fiduciary duties as a an officer or director to the Company or officer of the CompanyCompany Shareholders.

No Agreement as Director or Officer. Company acknowledges that the Notwithstanding any provision of this Agreement, no Shareholder is bound hereunder solely makes any agreement or understanding in its capacity as a security holder of the Company and, if the Shareholder is a director or officer of the Company, that the provisions hereof shall not be deemed or interpreted to bind the Shareholder this Agreement in his or her such Shareholder’s capacity as a director or officer of the Company. Nothing Company or any of its Subsidiaries (if such Shareholder holds such office), and nothing in this Agreement shall: will (a) limit or affect any actions or omissions taken by the such Shareholder in his or her such Shareholder’s capacity as such a director or officer or any actions taken by any director or officer of the CompanyCompany affiliated with such Shareholder, including in exercising rights under the Arrangement Agreement Merger Agreement, and no such actions or omissions shall be deemed a breach of this Agreement Agreement, or (b) be construed to prohibitprohibit limit, limit or restrict the such Shareholder from fulfilling his or her exercising such Shareholder’s fiduciary duties as a an officer or director to the Company or its shareholders or any director or officer of affiliated with such Shareholder from exercising such director’s or officer’s fiduciary duties to the CompanyCompany or its shareholders.

No Agreement as Director or Officer. Company acknowledges that The Shareholders make no agreement or understanding in this Agreement in the Shareholder is bound hereunder solely in its capacity as a security holder Shareholders’ or any of the Company and, if the Shareholder is a director or officer of the Company, that the provisions hereof shall not be deemed or interpreted to bind the Shareholder in his or her Shareholders’ Representatives’ capacity as a director or officer of the Company. Nothing Company or any of its respective Affiliates (if the Shareholders or any of their Representatives holds such office), and nothing in this Agreement shallAgreement: (a) will limit or affect any actions or omissions taken by the Shareholder Shareholders or any of the Shareholders’ Representatives in his its or her their capacity as such a director or officer of the Companyofficer, including in exercising rights under the Arrangement Agreement Transaction Agreement, and no such actions or omissions shall be deemed a breach of this Agreement Agreement; or (b) will be construed to prohibit, limit limit, or restrict the Shareholder Shareholders or any of the Shareholders’ Representatives’ from fulfilling his exercising the Shareholders’ or her their Representatives’ fiduciary duties as a an officer or director to the Company or officer of the CompanyCompany Shareholders.