Common use of Shareholder Capacity Clause in Contracts

Shareholder Capacity. This Agreement is being entered into by Shareholder solely in Shareholder’s capacity as a shareholder of the Company, and nothing in this Agreement shall restrict or limit (a) the ability of Shareholder to take any action in Shareholder’s capacity as a director or officer of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) the Company from taking any actions that are otherwise permitted by the Merger Agreement, including with respect to a Superior Proposal.

Shareholder Capacity. This Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall (or shall require any Shareholder to attempt to) limit or restrict any Shareholder who is a director or officer of the Company from acting in such capacity (it being entered into by understood that this Agreement shall apply to each Shareholder solely in each Shareholder’s capacity as a shareholder of the Company, and nothing in this Agreement shall restrict or limit (a) the ability of Shareholder to take any action in Shareholder’s capacity as a director or officer of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) the Company from taking any actions that are otherwise permitted by the Merger Agreement, including with respect to a Superior Proposal).

Shareholder Capacity. This Shareholder has executed this Agreement is being entered into by Shareholder solely in Shareholder’s capacity as a shareholder stockholder of the Company. Without limiting the foregoing, and nothing in this Agreement shall restrict limit or limit (a) the ability affect any actions taken by Shareholder, or any representative of Shareholder to take any action Shareholder, in Shareholder’s his or her capacity as a director an officer, director, member, employee or officer manager of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) the Company from taking any actions that are otherwise permitted by the Merger Agreement, including with respect to a Superior ProposalCompany.

Shareholder Capacity. This Each Shareholder has executed this Agreement is being entered into by Shareholder solely in such Shareholder’s capacity as a shareholder of the Company. Without limiting the foregoing, and nothing in this Agreement shall restrict limit or limit (a) the ability affect any actions taken by such Shareholder, or any representative of Shareholder to take any action such Shareholder, in Shareholder’s his or her capacity as a director an officer, director, member, employee or officer manager of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) the Company from taking any actions that are otherwise permitted by the Merger Agreement, including with respect to a Superior ProposalCompany.

Shareholder Capacity. This The Shareholder is entering this Shareholder Agreement is being entered into by Shareholder solely in Shareholder’s his or her capacity as the record or beneficial owner of the Shares, and not in his or her capacity as a shareholder director or officer of the Company, and nothing . Nothing in this Shareholder Agreement shall restrict or be deemed in any manner to limit (a) the ability discretion of any Shareholder to take any action action, or fail to take any action, in Shareholder’s his or her capacity as a director or officer of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity that may be either (a) required of the Shareholder under applicable law or (b) the Company from taking any actions that are is otherwise permitted by the Merger Agreement, including with respect to a Superior Proposal.

Shareholder Capacity. This The parties acknowledge that this Agreement is being entered into by each Shareholder solely in his or its capacity as the record or Beneficial Owner of such Shareholder’s capacity as a shareholder of the Company, Company Shares and nothing in this Agreement shall restrict restricts or limit (a) the ability of Shareholder to take limits any action taken by such Shareholder in Shareholder’s his capacity as a director or officer of the Company. The taking of any action (or failure to act) by any Shareholder in his capacity as an officer or director of Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) the Company from taking any actions that are otherwise permitted by the Merger will not be deemed to constitute a breach of this Agreement, including with respect to a Superior Proposal.

Shareholder Capacity. This Notwithstanding any provision of this Agreement is to the contrary, nothing in this Agreement will limit or restrict a designee of Shareholder from acting in his or her capacity as a director of the Company or fulfilling the obligations of such office, including by acting or voting in his or her capacity as a director of the Company, in such designee’s sole discretion on any matter, including causing the Company to exercise rights under the Merger Agreement (in accordance with the terms thereof), and no such actions or omissions will be deemed a breach of this Agreement (it being entered into by understood that this Agreement will apply to Shareholder solely in Shareholder’s capacity as a shareholder of the Company, and nothing in this Agreement shall restrict or limit (a) the ability of Shareholder to take any action in Shareholder’s capacity as a director or officer of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) the Company from taking any actions that are otherwise permitted by the Merger Agreement, including with respect to a Superior Proposal).

Shareholder Capacity. This Agreement is being entered into by each Shareholder solely in Shareholder’s its capacity as a shareholder of the Company, and nothing in this Agreement shall restrict or limit (a) the ability of any Shareholder who is a director or officer of the Company or any of its Subsidiaries to take any action in Shareholder’s his or her capacity as a director or officer of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) Subsidiary to the Company from taking any actions that are otherwise extent specifically permitted by the Merger Agreement, including with respect to a Superior Proposal.

Shareholder Capacity. This The Individual Shareholder is entering into this Agreement is being entered into by Shareholder solely in Shareholder’s his or her capacity as a shareholder the record or beneficial owner of the CompanyShares and the Option Shares, and nothing not in this Agreement shall restrict his or limit (a) the ability of Shareholder to take any action in Shareholder’s her capacity as a director or officer of Crested. Nothing in this Agreement shall be deemed in any manner to limit the Company discretion of any Shareholder to take any action, or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities fail to take any action, in such his or her capacity as a director or officer of Crested that may be either (a) required of the Shareholder under applicable law or (b) the Company from taking any actions that are is otherwise permitted by the Merger Agreement, including with respect to a Superior Proposal.

Shareholder Capacity. This Agreement is being entered into by each Shareholder solely in Shareholder’s his or her capacity as a shareholder of the Company, and nothing in this Agreement shall restrict or limit (a) the ability of any Shareholder as a director of the Company to take any action in Shareholder’s his or her capacity as a director or officer of the Company or its Subsidiaries Company, and exercising Shareholder’s fiduciary duties and responsibilities with respect to certain limitations set forth in such capacity or (b) the Company from taking any actions that are otherwise Merger Agreement, to the extent specifically permitted by the Merger Agreement, including with respect to a Superior Proposal.

Shareholder Capacity. This Agreement is being entered into by each Shareholder solely in such Shareholder’s capacity as a shareholder of the Company, and nothing in this Agreement shall restrict or limit (a) the ability of any Shareholder to take any action in such Shareholder’s capacity as a director or officer of the Company or its Subsidiaries and exercising such Shareholder’s fiduciary duties and responsibilities in such capacity or (b) the Company from taking any actions that are otherwise permitted by the Merger Agreement, including with respect to a Superior Proposal.

Shareholder Capacity. This Agreement is being entered into by each Shareholder solely in such Shareholder’s capacity as a shareholder Shareholder of the Company, and not in such Shareholder’s capacity as a director, officer or employee of the Company or any of its Subsidiaries, and nothing in this Agreement shall in any way restrict or limit (a) the ability of any Shareholder who is a director or officer of the Company to take any action in Shareholder’s his or her capacity as a director or officer of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) to the Company from taking any actions that are otherwise extent specifically permitted by the Merger Agreement, including with respect or subject to a Superior Proposalsuch Shareholder’s fiduciary duties to the Company.

Shareholder Capacity. This Agreement is being entered into by each Covered Shareholder solely in Shareholder’s its capacity as a shareholder holder of the CompanyShares, and nothing in this Agreement shall restrict or limit (a) the ability of Shareholder such Covered Shareholder, or any of its respective Affiliates or any employee thereof who is a director of Partnership GP to take any action in Shareholder’s his or her capacity as a director or officer of Partnership GP to the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) the Company from taking any actions that are otherwise extent specifically permitted by the Merger Agreement, including with respect to a Superior Proposal.

Shareholder Capacity. This Agreement is being entered into by each Shareholder solely in Shareholder’s its capacity as a shareholder of the Company, and nothing in this Agreement shall will restrict or limit (a) the ability of any Shareholder who is a director or officer of the Company to take any action in Shareholder’s his or her capacity as a director or officer of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) to the Company from taking any actions that are otherwise extent specifically permitted by the Merger Agreement, including with respect to a Superior Proposal.

Shareholder Capacity. This Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement shall (or shall require any Shareholder to attempt to) affect or limit any Shareholder who is a director or officer of the Company from acting in such capacity (it being entered into by understood that this Agreement shall apply to each Shareholder solely in each Shareholder’s capacity as a shareholder of the Company, and nothing in this Agreement shall restrict or limit (a) the ability of Shareholder to take any action in Shareholder’s capacity as a director or officer of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) the Company from taking any actions that are otherwise permitted by the Merger Agreement, including with respect to a Superior Proposal).

Shareholder Capacity. This Agreement is being entered into by each Shareholder solely in its capacity as a shareholder of the Company and not in such Shareholder’s capacity as a shareholder director, officer or employee of the Company, and nothing in this Agreement shall restrict or limit (a) the ability of Shareholder any Shareholder, any of its Affiliates, or any of their respective directors, officers or employees who is a director or officer of the Company to take any action or inaction or voting on any matter in Shareholder’s his or her capacity as a director or officer of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) the Company from Company, including taking any actions that are otherwise action specifically permitted by the Merger Agreement, including with respect to a Superior Proposal.

Shareholder Capacity. This Each of the Shareholders has executed this Agreement is being entered into by Shareholder solely in such Shareholder’s capacity as a shareholder of the Company. Without limiting the foregoing, and nothing in this Agreement shall restrict limit or limit (a) the ability affect any actions taken by either Shareholder, or any representative of Shareholder to take any action either Shareholder, in Shareholder’s his or her capacity as a director an officer, director, member, employee or officer manager of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) the Company from taking any actions that are otherwise permitted by the Merger Agreement, including with respect to a Superior ProposalCompany.

Shareholder Capacity. This Notwithstanding any provision of this Agreement to the contrary, if Shareholder is a director or officer of the Company, nothing in this Agreement shall (or shall require Shareholder to attempt to) limit or restrict Shareholder from acting in such capacity (it being entered into by understood that this Agreement shall apply to Shareholder solely in Shareholder’s his, her or its capacity as a shareholder of the Company, and nothing in this Agreement shall restrict or limit (a) the ability of Shareholder to take any action in Shareholder’s capacity as a director or officer of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) the Company from taking any actions that are otherwise permitted by the Merger Agreement, including with respect to a Superior Proposal).

Shareholder Capacity. This Agreement is being entered into by each Shareholder solely in Shareholder’s its capacity as a shareholder of the Company, and nothing in this Agreement shall restrict or limit (a) the ability of any Shareholder who is a director or officer of the Company to take any action in Shareholder’s his or her capacity as a director or officer of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) to the Company from taking any actions that are otherwise extent specifically permitted by the Merger Agreement, including with respect or subject to a Superior Proposalhis fiduciary duties to Parent, or as he may otherwise be required by law.

Shareholder Capacity. This Agreement is being entered into by each Shareholder solely in Shareholder’s its capacity as a shareholder of the Company, and nothing in this Agreement shall restrict or limit (a) the ability of any Shareholder who is a director or officer of the Company to take any action in Shareholder’s his or her capacity as a director or officer of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) to the Company from taking any actions that are otherwise extent specifically permitted by the Merger Agreement, including with respect to a Superior Proposal.

Shareholder Capacity. This Nothing in this Agreement is shall limit or restrict either Shareholder in acting in his or her capacity as a director of the Company and exercising his or her fiduciary duties and responsibilities relating thereto, it being entered into by understood that this Agreement shall apply to each Shareholder solely in Shareholder’s his or her capacity as a shareholder of the CompanyCompany and shall not apply to each Shareholders' actions, and nothing in this Agreement shall restrict judgments or limit (a) the ability of Shareholder to take any action in Shareholder’s capacity decisions as a director or officer of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity or (b) the Company from taking any actions that are otherwise permitted by the Merger Agreement, including with respect to a Superior ProposalCompany.

Shareholder Capacity. This Agreement is being entered into by Shareholder solely in Shareholder’s its capacity as a shareholder holder of Shares of the Company, and nothing in this Agreement shall restrict or limit (a) the ability of Shareholder to take or any action in Shareholder’s capacity as affiliate of Shareholder who is a director or officer of the Company, or who serves as a manager of the Company or its Subsidiaries and exercising Shareholder’s fiduciary duties and responsibilities in such capacity a servicer of any of the assets or (b) liabilities of the Company from taking or any actions that are otherwise permitted by of the Merger AgreementCompany’s subsidiaries, including with respect to take any action in his, her or its capacity as a Superior Proposaldirector, officer or manager of the Company, or as a servicer of any of such assets or liabilities.