Common use of No Limit on Fiduciary Duty Clause in Contracts

No Limit on Fiduciary Duty. It is acknowledged that the covenants of the Securityholder set forth in paragraph 1(c) of this letter agreement relate to the Securityholder acting solely in the capacity of a holder of Xxx Xxxxx securities and not, if applicable, as a director or officer of Xxx Xxxxx, and shall not affect, restrict, limit or prohibit the Securityholder from exercising (in his capacity as a director or officer or as counsel) his fiduciary duties to Xxx Xxxxx under applicable law or require the Securityholder, in his capacity as an officer of or counsel to Xxx Xxxxx, to take any action in contravention of, or omit to take any action pursuant to, or otherwise take or refrain from taking any actions which are inconsistent with, instructions or directions of Xxx Xxxxx'x board of directors undertaken in the exercise of their fiduciary duties. The Securityholder acknowledges that pursuant to this letter agreement the Securityholder may be required to act as a holder of the Subject Securities in a manner different from the manner in which the Securityholder is obligated to act in the capacity of a director or officer of Xxx Xxxxx.

No Limit on Fiduciary Duty. It is acknowledged that the covenants of the Securityholder set forth in paragraph 1(c) of this letter agreement relate to the Securityholder acting solely in the capacity of a holder of Xxx Xxxxx Rolling Thunder securities and not, if applicable, as a director or officer of Xxx XxxxxRolling Thunder, and shall not affect, restrict, limit or prohibit the Securityholder from exercising (in his capacity as a director or officer or as counsel) his fiduciary duties to Xxx Xxxxx Rolling Thunder under applicable law or require the Securityholder, in his capacity as an officer of or counsel to Xxx XxxxxRolling Thunder, to take any action in contravention of, or omit to take any action pursuant to, or otherwise take or refrain from taking any actions which are inconsistent with, instructions or directions of Xxx Xxxxx'x Rolling Thunder's board of directors undertaken in the exercise of their fiduciary duties. The Securityholder acknowledges that pursuant to this letter agreement the Securityholder may be required to act as a holder of the Subject Securities in a manner different from the manner in which the Securityholder is obligated to act in the capacity of a director or officer of Xxx XxxxxRolling Thunder.