No Limitations on Actions. Parent expressly acknowledges that each Covered Stockholder is entering into this Agreement solely in its capacity as the beneficial owner of the applicable Covered Shares, and this Agreement shall not limit or otherwise affect the actions or exercise of fiduciary duties of such Covered Stockholder, or any representative, affiliate, trustee, beneficiary, settlor, employee or designee of such Covered Stockholder or any of its affiliates in its capacity, if applicable, as a director or officer of the Company.
Appears in 6 contracts
Samples: Voting Agreement (West Corp), Voting Agreement (West Corp), Voting Agreement (West Corp)
No Limitations on Actions. The parties hereto acknowledge that Parent expressly acknowledges that each Covered Stockholder is entering into this Agreement solely in its capacity as the beneficial or record owner of the applicable Covered Shares, Owned Shares and this Agreement shall not limit or otherwise affect the actions or exercise of fiduciary duties of such Covered Parent Stockholder, or any representative, affiliate, trustee, beneficiary, settlor, employee or designee of such Covered Parent Stockholder or any of its affiliates in its capacity, if applicable, as an officer or director of Parent or a director or officer of the CompanyMerger Party.
Appears in 2 contracts
Samples: Support Agreement (Kinder Richard D), Support Agreement (Kinder Morgan Energy Partners L P)
No Limitations on Actions. Parent expressly acknowledges that each Covered Stockholder is entering into this Agreement solely in its capacity as the beneficial and record owner of the applicable Covered Subject Shares, and this . This Agreement shall not (a) limit or otherwise affect any actions taken by or the actions or exercise of fiduciary duties of such Covered the Stockholder, or (b) require the Stockholder to take or not take any representativeaction, affiliate, trustee, beneficiary, settlor, employee or designee of such Covered Stockholder or any of its affiliates in each case in its capacity, if applicable, as a director or officer of the Company. Parent shall not assert any claim that any action taken in good faith by the Stockholder in its capacity, if applicable, as a director or officer of the Company violates any provision of this Agreement.
Appears in 2 contracts
Samples: Voting Agreement, Voting Agreement