Common use of Stockholder Capacity Clause in Contracts

Stockholder Capacity. This Agreement is being entered into by each Stockholder solely in its capacity as a shareholder of the Company, and nothing in this Agreement shall restrict, limit or affect the ability of any Affiliate or designee of such Stockholder who is a director or officer of the Company to take any action in his or her capacity as a director or officer of the Company and exercising his or her fiduciary duties and responsibilities in such capacity.

Stockholder Capacity. This Agreement is being entered into by each Stockholder solely in its capacity as a shareholder record and/or beneficial owner of the CompanyOwned Shares, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of such Stockholder or any Affiliate or designee of such Stockholder who is a director director, officer or officer employee of the Company to take any action in his or her capacity as a director director, officer or officer employee of the Company and exercising his or her Company, including the exercise of fiduciary duties and responsibilities in such capacityto the Company or its stockholders.

Stockholder Capacity. This Stockholder is entering into this Agreement is being entered into by each Stockholder solely in its capacity as a shareholder record holder and/or beneficial owner of the Company, Shares and nothing in this Agreement shall restrictbe deemed to impose any obligation, limit restriction, limitation or affect the ability of liability on Stockholder in any Affiliate other manner or designee of such Stockholder who is a director capacity, including in his, her or officer its capacity as an officer, director, employee, agent or representative of the Company to take any action in his or her capacity as a director or officer of the Company and exercising his or her fiduciary duties and responsibilities in such capacityCompany.

Stockholder Capacity. This Agreement is being entered into by each Stockholder solely in its capacity as a shareholder stockholder of the Company, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of any Affiliate or designee of such Stockholder who is a director or officer of the Company to take any action in his or her capacity as a director or officer of the Company and exercising his Company. Any references to Subsidiaries, Affiliates or her fiduciary duties and responsibilities Representatives of Stockholder in such capacitythis Agreement shall not be deemed to include the Company, its Subsidiaries or Affiliates, or their respective Representatives.

Stockholder Capacity. This Agreement is being entered into by each Stockholder solely in its capacity as a shareholder stockholder of the CompanyParent, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of such Stockholder, any Affiliate of its Affiliates, or designee any of such Stockholder their respective directors, officers or employees who is a director or officer (or equivalent) of the Company Parent or any of its Subsidiaries, as applicable, to take any action in his or her capacity as a director or officer (or equivalent) of the Company and exercising his Parent or her fiduciary duties and responsibilities in such capacityany of its Subsidiaries.

Stockholder Capacity. This Agreement is being entered into by each the Stockholder solely in its capacity as a shareholder record and/or beneficial owner of the CompanyCovered Shares, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of the Stockholder or any Affiliate or designee affiliate of such the Stockholder who is a director director, officer or officer employee of the Company Parent to take any action in his or her capacity as a director director, officer or officer employee of Parent, including the Company and exercising his or her exercise of fiduciary duties and responsibilities in such capacityto Parent or its stockholders.

Stockholder Capacity. This Each Stockholder enters into this Agreement is being entered into by each Stockholder solely in its respective capacity as a shareholder the record and beneficial owner of the Company, and nothing its Subject Shares. Nothing contained in this Agreement shall restrict, limit or affect the ability rights and obligations of any Affiliate or designee of such Stockholder who is a director or officer of the Company to take any action in his or her its respective capacity as a director or officer of the Company, and the agreements set forth herein shall in no way restrict any director or officer of the Company and exercising in the exercise of his or her fiduciary duties and responsibilities in such capacityas a director or officer of the Company.

Stockholder Capacity. This Agreement is being entered into by each the Stockholder solely in its capacity as a shareholder stockholder of the Company, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of any Affiliate or designee of such Stockholder who is a director or officer of the Company to take any action in his or her capacity as a director or officer of the Company and exercising his Company. Any references to Subsidiaries, affiliates or her fiduciary duties and responsibilities representatives of the Stockholder in such capacitythis Agreement shall not be deemed to include the Company, its Subsidiaries or affiliates, or their respective representatives.

Stockholder Capacity. This Agreement is being entered into by each the Stockholder solely in its the Stockholder’s capacity as a shareholder stockholder of the Company, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of any Affiliate or designee of such the Stockholder who is in its capacity as a director or officer of the Company to take any action in his or her the Stockholder’s capacity as a director or officer (as applicable) of the Company and exercising his or her fiduciary from fulfilling the duties and responsibilities in obligations of such capacityoffice, whether relating to the Merger Agreement or otherwise, and none of such actions shall be deemed to be a breach of this Agreement.

Stockholder Capacity. This Agreement is being entered into by each Stockholder solely in its capacity as a shareholder stockholder of the Company, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of any Affiliate or designee of such Stockholder Stockholder’s Representatives who is also a director or officer of the Company to take any action in his or her capacity as a director or officer (as applicable) of the Company and exercising his or her fiduciary from fulfilling the duties and responsibilities obligations (including fiduciary duties) of such office, whether relating to the Merger Agreement or otherwise, and such actions, in such capacityand of themselves, shall not be deemed to be a breach of this Agreement.

Stockholder Capacity. This Agreement is being entered into by each Stockholder solely in his, her, or its capacity as a shareholder stockholder of the Company, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of any Affiliate or designee of such Stockholder who is a director or officer of the Company to take any action from discharging (in his or her capacity as a director or officer of the Company and exercising officer) his or her fiduciary duties and responsibilities to the other stockholders of the Company under applicable Law; provided that nothing in this Section 8 shall relieve or be deemed to relieve such capacityStockholder from his or her obligations under Section 1.

Stockholder Capacity. This Agreement is being entered into by each the Stockholder solely in its capacity as a shareholder stockholder of the Company, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of any Affiliate Stockholder, any of its Affiliates, or designee any of such Stockholder their respective directors, officers or employees who is a director or officer of the Company to take any action in his or her capacity as a director or officer of the Company and exercising his or her fiduciary duties and responsibilities in such capacityto the extent specifically permitted by the Merger Agreement.

Stockholder Capacity. This Agreement is being entered into by each Stockholder solely in its its, his or her capacity as a shareholder record and/or beneficial owner of the CompanyCovered Shares, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of such Stockholder, any Affiliate of such Stockholder, or designee any Representative of such Stockholder who is a director director, officer or officer employee of the Company to take any action in his or her capacity as a director director, officer or officer employee of the Company and exercising his or her Company, including the exercise of fiduciary duties and responsibilities in such capacityto the Company or its stockholders.

Stockholder Capacity. This Agreement is being entered into by each Stockholder solely in its its, his or her capacity as a shareholder record and/or beneficial owner of the CompanyCovered Shares, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of such Stockholder or any Affiliate or designee of such Stockholder who is a director director, officer or officer employee of the Company to take any action in his or her capacity as a director director, officer or officer employee of the Company and exercising his or her Company, including the exercise of fiduciary duties and responsibilities in such capacityto the Company or its stockholders.

Stockholder Capacity. This The Stockholder is entering into this Agreement is being entered into by each Stockholder solely in its the Stockholder’s capacity as a shareholder the record holder or beneficial owner of the Company, Shares and nothing in this Agreement herein shall restrict, limit or affect any actions taken (or any failures to act) by the ability of any Affiliate or designee of such Stockholder who is a director or officer of in the Company to take any action in his or her Stockholder’s capacity as a director or officer of the Company and exercising his (if applicable). The taking of any actions (or her fiduciary duties and responsibilities any failures to act) by the Stockholder in such capacitythe Stockholder’s capacity as a director or officer of the Company (if applicable) shall not be deemed to constitute a breach of this Agreement, regardless of the circumstances related thereto.

Stockholder Capacity. This Agreement is being entered into by each Stockholder solely in its capacity as a shareholder stockholder of the Company, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of any Stockholder or its Affiliate or designee of such Stockholder who is a director or officer of the Company to take any action in his or her capacity as a director or officer of the Company and exercising his Company. Any references to Subsidiaries, Affiliates or her fiduciary duties and responsibilities Representatives of Stockholder in such capacitythis Agreement shall not be deemed to include the Company, its Subsidiaries or Affiliates, or their respective Representatives.

Stockholder Capacity. This Agreement is being entered into by each Stockholder solely in its capacity as a shareholder stockholder of the Company and not in such Stockholder’s capacity as a director, officer or employee of the Company, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of any Affiliate Stockholder, any of its Affiliates, or designee any of such Stockholder 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 his or her capacity as a director or officer of the Company and exercising his or her fiduciary duties and responsibilities in such capacityCompany, including taking any action specifically permitted by the Merger Agreement.

Stockholder Capacity. This The Stockholder makes this Agreement is being entered into by each Stockholder solely in its capacity as a shareholder the record and beneficial owner of the Company, and nothing Shares. Nothing in this Agreement shall restrictprohibit the Stockholder or any of its officers, limit directors, employees, representatives and agents from taking, or affect the ability of omitting to take, any Affiliate action as a director, employee, representative or designee of such Stockholder who is a director or officer agent of the Company permitted to take any action in his be taken or her capacity as a director or officer of omitted under the Company and exercising his or her fiduciary duties and responsibilities in such capacityMerger Agreement.

Stockholder Capacity. This The Stockholder is entering into this Agreement is being entered into by each Stockholder solely in its capacity as a shareholder the owner of record and/or Beneficial Owner of the Company, Owned Shares and nothing in this Agreement herein shall restrict, limit or affect the ability of any actions taken or omitted to be taken by any individual director, officer, member, partner or Affiliate or designee of such Stockholder who is a director or officer of the Company to take any action Stockholder in his or her capacity as a an officer or director of the Company; provided, that nothing in this Section 14 shall be deemed to permit such director, officer, member or officer partner of the Stockholder to take any action on behalf of the Company and exercising his or her fiduciary duties and responsibilities in such capacitythat is prohibited by the Merger Agreement.

Stockholder Capacity. This Stockholder is entering into this Agreement is being entered into by each Stockholder solely in its capacity as a shareholder record holder and/or beneficial owner of the Company, Shares and nothing in this Agreement shall restrictbe deemed to impose any obligation, limit restriction, limitation or affect the ability of liability on Stockholder in any Affiliate other manner or designee of such Stockholder who is a director capacity, including in his, her or officer of the Company to take any action in his or her its capacity as a director an officer, director, employee, agent or officer representative of the Company and exercising his or her fiduciary duties and responsibilities in such capacityParent.

Stockholder Capacity. This Agreement is being entered into by each the Stockholder solely in its capacity as a shareholder record and/or beneficial owner of the CompanyOwned Shares, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of the Stockholder or any Affiliate or designee of such Stockholder its Affiliates who is a director director, officer or officer employee of the Company to take any action in his or her capacity as a director director, officer or officer employee of the Company and exercising his or her Company, including the exercise of fiduciary duties and responsibilities in such capacityto the Company or its stockholders.

Stockholder Capacity. This Stockholder is entering into this Agreement is being entered into by each Stockholder solely in its capacity as a shareholder record holder and/or beneficial owner of the Company, Shares and nothing in this Agreement shall restrictbe deemed to impose any obligation, limit restriction, limitation or affect the ability of liability on Stockholder in any Affiliate other manner or designee of such Stockholder who is a director capacity, including in his capacity as an officer, director, employee, agent or officer representative of the Company to take any action in his or her capacity as a director or officer of the Company and exercising his or her fiduciary duties and responsibilities in such capacityCompany.

Stockholder Capacity. This Agreement is being entered into by each Stockholder solely in its capacity as a shareholder stockholder of the Company, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of any Affiliate or designee of such Stockholder who is also a director or officer of the Company to take any action in his or her capacity as a director or officer of the Company and exercising his or her fiduciary duties and responsibilities except for actions specifically prohibited in such capacitythe Merger Agreement.

Stockholder Capacity. This Stockholders are entering into this Agreement is being entered into by each Stockholder solely in its capacity as a shareholder record holder and/or beneficial owner of the Company, Shares and nothing in this Agreement shall restrictbe deemed to impose any obligation, limit restriction, limitation or affect the ability of liability on Stockholder in any Affiliate other manner or designee of such Stockholder who is a director capacity, including in his, her or officer its capacity as an officer, director, employee, agent or representative of the Company to take any action in his or her capacity as a director or officer of the Company and exercising his or her fiduciary duties and responsibilities in such capacityCompany.

Stockholder Capacity. This Agreement is being entered into by each Stockholder solely in its capacity as a shareholder stockholder of the Company, and nothing in this Agreement shall restrict, restrict or limit or affect the ability of any Affiliate or designee of such Stockholder who is a director or officer of the Company to take any action in his or her capacity as a director or officer of the Company and to the extent specifically permitted by the Merger Agreement (it being understood that nothing in this Agreement will be construed to prohibit, limit or restrict Stockholder from exercising his or her fiduciary duties and responsibilities in such capacityas a director or officer of the Company).