Common use of Shareholder Capacity Clause in Contracts

Shareholder Capacity. To the extent that the Shareholder is an officer or director of the Company, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions taken by the Shareholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations of such office (including the performance of obligations required by the fiduciary duties of the Shareholder acting solely in his or her capacity as an officer or director) , including, without limitation, participating in any such capacity in any discussions or negotiations in accordance with Section 5.7 of the Merger Agreement.

Shareholder Capacity. To the extent that the Shareholder is an officer or director of the Company, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions taken by the Shareholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations of such office (including the performance of obligations required by the fiduciary duties of the Shareholder acting solely in his or her capacity as an officer or director) , including, without limitation, participating in any such capacity in any discussions or negotiations in accordance with Section 5.7 6.03 of the Merger Agreement.

Shareholder Capacity. To the extent that the So long as a Shareholder or a representative of such Shareholder is an officer or director of the CompanyParent, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions actions, judgment or decisions taken by the such Shareholder in his or her capacity as an officer or director of the Company Parent or any of its Subsidiaries or from fulfilling the obligations and responsibilities of such office (including the performance of obligations required by the fiduciary duties obligations and responsibilities of the such Shareholder acting solely in his or her capacity as an officer or director) ), including, without limitation, participating it being agreed and understood that this Agreement shall apply to such Shareholder solely in any such his or its capacity in any discussions or negotiations in accordance with Section 5.7 of the Merger Agreementas a shareholder.

Shareholder Capacity. To the extent that If the Shareholder is an officer or director of the Company, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions taken by the Shareholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations of such office (including the performance of obligations required by the fiduciary duties obligations of the such Shareholder acting solely in his or her capacity as an officer or director) , including, without limitation, participating in any such capacity in any discussions or negotiations in accordance with Section 5.7 of the Merger Agreement).

Shareholder Capacity. To the extent With respect to each Shareholder that the Shareholder is an officer or director of the CompanyXxxxxx, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions taken by the Shareholder in his or her capacity as an officer or director of the Company Xxxxxx or any of its Subsidiaries or from fulfilling the obligations of such office (including the performance of obligations required by the fiduciary duties obligations of the such Shareholder acting solely in his or her capacity as an officer or director) , including, without limitation, participating in any such capacity in any discussions or negotiations in accordance with Section 5.7 of the Merger Agreement).

Shareholder Capacity. To the extent that the Shareholder is an officer or director of the Company, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions taken by the Shareholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations of such office (including the performance of obligations required by the fiduciary duties of the Shareholder acting solely in his or her capacity as an officer or director) , including, without limitation, participating in any such capacity in any discussions or negotiations in accordance with Section 5.7 5.6 of the Merger Agreement.

Shareholder Capacity. To the extent that the So long as Shareholder is an officer or director of the Company, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions taken by the Shareholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations of such office (including the performance of obligations required by the fiduciary duties obligations of the Shareholder acting solely in his or her capacity as an officer or director) , including, without limitation, participating in any such capacity in any discussions or negotiations in accordance with Section 5.7 of the Merger Agreement).

Shareholder Capacity. To the extent that If the Shareholder is an officer or director of the CompanyCompany or any of its Subsidiaries, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions taken by the Shareholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations of such office (including the performance of obligations required by the fiduciary duties obligations of the such Shareholder acting solely in his or her capacity as an officer or director) , including, without limitation, participating in any such capacity in any discussions or negotiations in accordance with Section 5.7 of the Merger Agreement).

Shareholder Capacity. To the extent that the Shareholder is an officer or director of the Company, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions taken by the Shareholder in his or her capacity as an officer or director of the Company or any of its Subsidiaries or from fulfilling the obligations of such office (including the performance of obligations required by the fiduciary duties of the Shareholder acting solely in his or her capacity as an officer or director) ), including, without limitation, participating in any such capacity in any discussions or negotiations in accordance with Section 5.7 5.6 of the Merger Agreement.