No Representative Capacity. Notwithstanding anything to the contrary herein, this Agreement applies solely to each Shareholder in his or her individual capacity as a shareholder, and, to the extent the Shareholder serves as a member of the board of directors or officer of the Company or as a fiduciary for others, nothing in this Agreement shall limit or affect any actions or omissions taken by a Shareholder in such Shareholder’s capacity as a director or officer or as a fiduciary for others, including in exercising rights under the Merger Agreement, and no such actions or omissions shall be deemed a breach of this Agreement or shall be construed to prohibit, limit or restrict a Shareholder from discharging such Shareholder’s duties as a director or officer or as a fiduciary for others.
Appears in 3 contracts
Samples: Voting Agreement (Synnex Corp), Voting Agreement (Synnex Corp), Voting Agreement (Convergys Corp)
No Representative Capacity. Notwithstanding anything to the contrary herein, this Agreement applies solely to each Shareholder Stockholder in his or her their individual capacity as a shareholderstockholder, and, to the extent the Shareholder Stockholder serves as a member of the board of directors or officer of the Company or as a fiduciary for others, nothing in this Agreement shall limit or affect any actions or omissions taken by a Shareholder Stockholder in such ShareholderStockholder’s capacity as a director or officer or as a fiduciary for others, including in exercising rights under the Merger Agreement, and no such actions or omissions shall be deemed a breach of this Agreement or shall be construed to prohibit, limit or restrict a Shareholder Stockholder from discharging such ShareholderStockholder’s duties as a director or officer or as a fiduciary for others.
Appears in 2 contracts
Samples: Tender and Support Agreement (Nikola Corp), Tender and Support Agreement (Romeo Power, Inc.)
No Representative Capacity. Notwithstanding anything to the contrary herein, this Agreement applies solely to each Shareholder in his or her individual capacity as a shareholder, and, to the extent the Shareholder serves as a member of the board of directors or officer of the Company or as a fiduciary for others, nothing in this Agreement shall limit or affect any actions or omissions taken by a the Shareholder in such Shareholder’s capacity as a director or officer or (subject to Section 3) as a fiduciary for others, including in exercising rights under the Merger Agreement, and no such actions or omissions shall be deemed a breach of this Agreement or shall be construed to prohibit, limit or restrict a Shareholder from discharging such Shareholder’s duties as a director or officer or (subject to Section 3) as a fiduciary for others.
Appears in 2 contracts
Samples: Merger Agreement (Park Sterling Corp), Merger Agreement (SOUTH STATE Corp)
No Representative Capacity. Notwithstanding anything to the contrary herein, this Agreement applies solely to each Shareholder Stockholder in his or her their individual capacity as a shareholderstockholder, and, to the extent the Shareholder Stockholder serves as a member of the board of directors or officer of the Company or as a fiduciary for others, nothing in this Agreement shall limit or affect any actions or omissions taken by a Shareholder Stockholder in such ShareholderStockholder’s capacity as a director or officer or as a fiduciary for others, including in exercising rights under the Merger Agreement, and no such actions or omissions shall be deemed a breach of this Agreement or shall be construed to prohibit, limit or restrict a Shareholder Stockholder from discharging such ShareholderStockholder’s duties as a director or officer or as a fiduciary for others.others.]1
Appears in 1 contract
Samples: Voting Agreement (Servicesource International, Inc.)
No Representative Capacity. Notwithstanding anything to the contrary herein, this Agreement applies solely to each Shareholder Stockholder in his or her the Stockholder’s individual capacity as a shareholderstockholder, and, to the extent the Shareholder Stockholder serves as a member of the board of directors or officer of the Company or as a fiduciary for others, nothing in this Agreement shall limit or affect any actions or omissions taken by a Shareholder the Stockholder in such Shareholderthe Stockholder’s capacity as a director or officer of the Company or as a fiduciary for others, including in exercising rights under the Merger Agreement, and no such actions or omissions shall be deemed a breach of this Agreement or shall be construed to prohibit, limit or restrict a Shareholder the Stockholder from discharging such Shareholderthe Stockholder’s duties as a director or officer of the Company or as a fiduciary for others.
Appears in 1 contract
Samples: Merger Agreement (SPX Corp)
