Common use of Stockholder Capacity Clause in Contracts

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his capacity as such director or officer. The Stockholder signs solely in his capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer and nothing herein shall limit or affect any action taken by such person in his or her capacity as a director or officer. The Each Stockholder 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, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger AgreementOptions.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officerdirector. The Each Stockholder signs solely in his or her capacity as the record holder or beneficial owner and Beneficial Owner of, or the trustee of a trust whose beneficiaries are the beneficial owners Beneficial Owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger AgreementShares.

Stockholder Capacity. No person executing this Agreement who is makes any agreement or becomes during the term hereof understanding herein in such Stockholder's capacity as a director or officer of the Company makes or any agreement or understanding herein in his capacity as such director or officersubsidiary of the Company. The Each Stockholder signs solely in his such Stockholder's capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger AgreementOwned Shares.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or executive officer of the Company makes any agreement or understanding herein in his or her capacity as such director or executive officer. The Each Stockholder signs solely in his capacity as the record holder or and/or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such each Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger AgreementShares.

Stockholder Capacity. No person Person executing this Agreement who is or becomes during the term hereof a director or executive officer of the Company makes any agreement or understanding herein in his or her capacity as such director or executive officer. The Each Stockholder signs solely in his its capacity as the record holder or beneficial owner of, or the trustee and/or Beneficial Owner of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreementits Shares.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officerdirector. The Stockholder Each Shareholder signs 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, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger AgreementShareholder Shares.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his capacity as such director or officer. The Each Stockholder signs solely in his capacity as the record holder or and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company Seller makes any agreement or understanding herein in his or her capacity as such director or officerdirector. The Each Stockholder signs solely in his or her capacity as the record holder or and/or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger AgreementShares.

Stockholder Capacity. No person Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer. The Each Stockholder signs solely in his its capacity as the record holder or beneficial owner of, or the trustee Beneficial Owner of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreementits Shares.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer. The Stockholder 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, such the Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a the Stockholder in his its capacity as an officer or director of the Company to the extent specifically permitted by the Merger AgreementAgreement or required by applicable law.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such a director or officerofficer of the Company. The Each Stockholder signs solely in his capacity as the record holder or and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director of Acquiror or officer a trustee of the Company a trust makes any agreement or understanding herein in his or her capacity as such director or officertrustee. The Each Stockholder signs solely in his or her capacity as the record holder or beneficial owner of, or the trustee Beneficial Owner of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger AgreementShares.

Stockholder Capacity. No person Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer. The Each Stockholder signs solely in his its capacity as the record holder or beneficial owner of, or the trustee Beneficial Owner of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the its Company to the extent specifically permitted by the Merger AgreementSecurities.

Stockholder Capacity. Section 9.1 No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein or is obligated hereunder in his or her capacity as such director or officer. The Each Stockholder signs solely in his or her capacity as the record holder or and beneficial owner of, or the trustee (as further set forth on Schedule I hereto) of a trust whose beneficiaries are the beneficial owners of, such Stockholder's ’s Subject Shares Shares, and nothing herein shall limit or affect any actions taken by a any Stockholder in his such Stockholder’s capacity as an officer or director of the Company to the extent specifically permitted by the Merger AgreementCompany.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such a director or officerofficer of the Company. The Each Stockholder 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, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his or her capacity as an officer or director of the Company to the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his capacity as such director or officer. The Each Major Stockholder signs solely in his capacity as the record holder or and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Major Stockholder's Subject Shares and nothing herein (including, without limitation, the provisions of SECTION 1.6) shall limit or affect any actions taken by a Major Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger AgreementCompany.

Stockholder Capacity. No person executing this Agreement who is or -------------------- becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officerofficer and the provisions of this Agreement shall not restrict or limit any such person in the discharge of his or her fiduciary duties as an officer or director of the Company. The Each Stockholder 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, of such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger AgreementShares.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his capacity as such director or officer. The Stockholder signs solely in his its capacity as the record holder or and beneficial owner of, or of the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a the Stockholder in his its capacity as an officer or director of for the Company to the extent specifically permitted by the Merger Agreement, including the fiduciary duties of officers and directors in accordance with Delaware law.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his capacity as such director or officer. The Each Stockholder signs solely in his capacity as the record holder or and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of for the Company to the extent specifically permitted by the Merger Agreement, including the fiduciary duties of officers and directors in accordance with New York law.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his capacity as such director or officer. The Each Stockholder signs solely in his capacity as the record holder or and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of for the Company to the extent specifically permitted by the Merger Agreement, including the fiduciary duties of officers and directors in accordance with Delaware law.

Stockholder Capacity. No person executing this Agreement who is makes any agreement or becomes during the term hereof understanding herein in such Stockholder's capacity as a director or officer of the Company makes or any agreement or understanding herein in his capacity as such director or officerSubsidiary of the Company. The Each Stockholder signs solely in his such Stockholder's capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his such Stockholder's capacity as an officer or director of the Company or any subsidiary of the Company to the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. No Notwithstanding anything else contained herein, no person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his capacity as such director or officer. The Stockholder signs solely in his capacity as the record holder or and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein in this Agreement shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger AgreementCompany.

Stockholder Capacity. No person executing this Agreement who is or becomes during the term hereof a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officerofficer and the provisions of this Agreement shall not restrict or limit any such person in the discharge of his or her fiduciary duties as an officer or director of the Company. The Each Stockholder 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, of such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger AgreementShares.

Stockholder Capacity. No person executing this Agreement who is is, or becomes during the term hereof hereof, a director or officer of the Company makes any agreement or understanding herein in his or her capacity as such director or officer. The Each Stockholder signs this Agreement solely in his or her capacity as the record holder or beneficial owner of, or the trustee and Beneficial Owner of a trust whose beneficiaries are the beneficial owners of, such Stockholder's Subject Shares and nothing herein shall limit or affect any actions taken by a Stockholder in his capacity as an officer or director of the Company to the extent specifically permitted by the Merger AgreementOptions.