Shareholder Capacity. No Person executing this Agreement, nor any officer, director, partner, employee, agent or representative of such Person, who is or becomes during the term of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officer. The Shareholder is entering into this Agreement solely in his or her capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the Shareholder’s Subject Shares, and nothing herein shall limit or affect any actions taken (or omissions to take any action) by a Shareholder in his or her capacity as a director or officer of the Company.
Appears in 7 contracts
Samples: Voting Agreement (MEDecision, Inc.), Voting Agreement (MEDecision, Inc.), Voting Agreement (MEDecision, Inc.)
Shareholder Capacity. No Person person executing this Agreement, nor or any officer, director, partner, employee, agent or representative of such Person, who is or becomes during the term of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officer. The Each Shareholder is entering into this Agreement solely in his or her capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the such Shareholder’s Subject Shares, Shares and nothing herein shall limit or affect any actions taken (or omissions to take any action) by a Shareholder in his or her capacity as a director or officer of the Company.
Appears in 3 contracts
Samples: Shareholders Agreement (Abbott Laboratories), Shareholders Agreement (Kos Pharmaceuticals Inc), Shareholders Agreement (Jaharis Mary)
Shareholder Capacity. No Person person executing this Agreement, nor any officer, director, partner, employee, agent or representative of such Person, Agreement who is or becomes during the term of this Agreement hereof a director or officer of the Company shall be deemed to make (or who has designated a director or officer of the Company) makes any agreement or understanding herein in this Agreement in such Person’s his or her capacity as a such director or officer (or with respect to any such designated director or officer, in his capacity as such). The Each Shareholder is entering into this Agreement signs solely in his or her capacity as the record holder or and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the such Shareholder’s Subject Shares, Shares and nothing herein shall limit or affect any actions taken (or omissions to take any action) by a Shareholder (or such Shareholder’s designee(s)) in his or her its capacity as a an officer or director or officer of the CompanyCompany to the extent not prohibited by the Arrangement Agreement.
Appears in 3 contracts
Samples: Arrangement Agreement (Mdsi Mobile Data Solutions Inc /Can/), Arrangement Agreement (Mdsi Mobile Data Solutions Inc /Can/), Support Agreement (Mdsi Mobile Data Solutions Inc /Can/)
Shareholder Capacity. No Person executing this Agreement, nor any officer, director, partner, employee, agent or representative of such Person, Agreement who is or becomes during the term of this Agreement hereof a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officer. The Each Management Shareholder is entering into this Agreement solely in his or her its capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, capital stock of the Shareholder’s Subject SharesCompany (including any shares of capital stock acquired after the date hereof, including pursuant to this Agreement) and nothing herein shall limit or affect any actions taken (taken, or omissions to take any action) be taken, by a Management Shareholder in his or her its capacity as a director or officer of the Company.
Appears in 2 contracts
Samples: Exchange Agreement (Insight Acquisition Corp.), Exchange Agreement (Insight Communications Co Inc)
Shareholder Capacity. No Person executing this Agreement, nor any officer, director, partner, employee, agent or representative of such Person, who is or becomes during the term of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s 's capacity as a director or officer. The Each Shareholder is entering into this Agreement solely in his or her capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the such Shareholder’s 's Subject Shares, Shares and nothing herein shall limit or affect any actions taken (or omissions to take any action) by a Shareholder in his or her capacity as a director or officer of the Company.
Appears in 2 contracts
Samples: Voting Agreement (Koosharem CORP), Voting Agreement (Koosharem CORP)
Shareholder Capacity. No Person executing this Agreement, nor any officer, director, partner, employee, agent or representative of such Person, who is or becomes during the term of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s 's capacity as a director or officer. The Shareholder is entering into this Agreement solely in his or her capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the Shareholder’s 's Subject Shares, Shares and nothing herein shall limit or affect any actions taken (or omissions to take any action) by a the Shareholder in his or her capacity as a director or officer of the Company.
Appears in 1 contract
Samples: Voting Agreement (Koosharem CORP)
Shareholder Capacity. No Person executing this Agreement, nor or any officer, director, partner, employee, agent or representative of such Person, who is or becomes during the term of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officerofficer of the Company. The Each Shareholder is entering into this Agreement solely in his or her capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the such Shareholder’s Subject Shares, Shares and nothing herein shall limit or affect any actions taken (or omissions to take any action) by a Shareholder in his or her capacity as a director or officer of the Company.
Appears in 1 contract
Samples: Tender Agreement (Eurand N.V.)
Shareholder Capacity. No Person executing this Agreement, nor any officer, director, partner, employee, agent or representative of such Person, who is or becomes during the term of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officer. The Each Shareholder is entering into this Agreement solely in his or her capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the such Shareholder’s Subject Shares, Shares and nothing herein shall limit or affect any actions taken (or omissions to take any action) by a Shareholder in his or her capacity as a director or officer of the Company.
Appears in 1 contract
Samples: Voting Agreement (Remedytemp Inc)
Shareholder Capacity. No Person executing this Agreement, nor or any officer, director, partner, employee, agent or representative of such Person, who is or becomes during the term of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officerofficer of the Company. The Shareholder is entering into this Agreement solely in his or her capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the Shareholder’s Subject Shares, Securities and nothing herein shall limit or affect any actions taken (or omissions to take any action) by a the Shareholder in his or her capacity as a director or officer of the Company.
Appears in 1 contract
Samples: Tender Agreement (Eurand N.V.)