Common use of Stockholder Capacity Clause in Contracts

Stockholder Capacity. This Agreement is being entered into by the Stockholder solely in its capacity as a record and/or beneficial owner of the Owned Shares, and nothing in this Agreement shall restrict or limit the ability of the Stockholder or any of its Affiliates or Representatives who is a director or officer of the Company or any of the Company’s Subsidiaries to take, or refrain from taking, any action in his or her capacity as a director or officer of the Company or any of its Subsidiaries, including the exercise of fiduciary duties to the Company or its stockholders, and any such action taken in such capacity or any such inaction shall not constitute a breach of this Agreement.

Stockholder Capacity. This Agreement is being entered into by the Stockholder solely in its capacity as a record and/or beneficial owner of the Owned Shares, and nothing in this Agreement shall restrict or limit the ability of the Stockholder or any of its Affiliates or Representatives who is a director or officer of the Company or any of the Company’s Subsidiaries subsidiaries to take, or refrain from taking, any action in his or her capacity as a director or officer of the Company or any of its Subsidiariesaffiliates, including the exercise of fiduciary duties to the Company or its stockholders, and any such action taken in such capacity or any such inaction shall not constitute a breach of this Agreement.

Stockholder Capacity. This Agreement is being entered into by the Stockholder solely in its capacity as a record and/or beneficial owner of the Owned Covered Shares, and nothing in this Agreement shall restrict or limit the ability of the any Stockholder or any of its Affiliates or Representatives who is a director director, officer or officer employee of the Company or any of the Company’s Subsidiaries to take, or refrain from taking, take any action in his or her capacity as a director director, officer or officer employee of the Company Company. Nothing in this Agreement is intended to limit or restrict the Stockholder from taking any action or inaction or voting in favor, in the Stockholder’s sole discretion, on any matter in his or her capacity as a director of its Subsidiaries, including the exercise of fiduciary duties to the Company or its stockholdersCompany, and any none of such action taken actions in such capacity or any such inaction shall not be deemed to constitute a breach of this Agreement.

Stockholder Capacity. This Agreement is being entered into by the Stockholder solely in its capacity as a record and/or beneficial owner of the Owned Covered Shares, and nothing in this Agreement shall restrict or limit the ability of the any Stockholder or any of its Affiliates or Representatives who is a director director, officer or officer employee of the Company or any of the Company’s Subsidiaries Parent to take, or refrain from taking, take any action in his or her capacity as a director, officer or employee of Parent. Nothing in this Agreement is intended to limit or restrict the Stockholder from taking any action or inaction or voting in favor, in the Stockholder’s sole discretion, on any matter in his or her capacity as a director or officer of the Company or any of its Subsidiaries, including the exercise of fiduciary duties to the Company or its stockholdersParent, and any none of such action taken actions in such capacity or any such inaction shall not be deemed to constitute a breach of this Agreement.

Stockholder Capacity. This Agreement is being entered into by the each Stockholder solely in its capacity as a record and/or beneficial owner of the Owned Shares, and nothing in this Agreement shall restrict or limit the ability of the any Stockholder or any of its Affiliates or Representatives who is a director or officer of the Company or any of the Company’s Subsidiaries subsidiaries to take, or refrain from taking, any action in his or her capacity as a director or officer of the Company or any of its Subsidiariesaffiliates, including the exercise of fiduciary duties to the Company or its stockholders, and any such action taken in such capacity or any such inaction shall not constitute a breach of this Agreement.

Stockholder Capacity. This Agreement is being Each Stockholder has entered into by the Stockholder this Agreement solely in its or his capacity as a the record and/or or beneficial owner of the Owned SharesCovered Shares (and not in any other capacity, and nothing in this Agreement shall restrict or limit the ability of the Stockholder or any of its Affiliates or Representatives who is a director or officer of the Company or any of the Company’s Subsidiaries to takeincluding, or refrain from takingwithout limitation, any action in his or her capacity as a director or officer of the Company Company) and nothing herein shall limit or affect any actions taken by such Stockholder, or require such Stockholder to take any action, in his capacity as a director or officer of its Subsidiariesthe Company, including including, without limitation, to disclose information acquired solely in his capacity as a director or officer of the exercise of fiduciary duties to the Company or its stockholdersCompany, and any such action actions taken (whatsoever), or failure to take any actions (whatsoever), by him in such capacity or any such inaction shall not be deemed to constitute a breach of this Agreement.

Stockholder Capacity. This Agreement is being entered into by the Stockholder Stockholders solely in its their respective capacity as a record and/or or beneficial owner of the Owned SharesShares and Owned Units, and nothing in this Agreement shall restrict or limit the ability of any of the Stockholder Stockholders or any of its their respective Affiliates or Representatives who is a director or officer of the Company or any of the Company’s Subsidiaries to take, or refrain from taking, any action in his or her capacity as a director or officer of the Company or any of its Subsidiaries, including the exercise of fiduciary duties to the Company or its stockholders, and any such action taken in such capacity or any such inaction shall not constitute a breach of this Agreement, and the provisions of this Agreement shall not apply to such directors or officers in their capacity as such.

Stockholder Capacity. This Agreement is being entered into by the each Stockholder solely in its capacity as a record and/or beneficial owner of the Owned SharesShares and/or Owned Units, and nothing in this Agreement shall restrict or limit the ability of the such Stockholder or any of its Affiliates or Representatives who is a director or officer of the Company or any of the Company’s Subsidiaries to take, or refrain from taking, any action in his or her capacity as a director or officer of the Company or any of its SubsidiariesAffiliates, including the exercise of fiduciary duties to the Company or its stockholdersthe Company Stockholders, and any such action taken in such capacity or any such inaction shall not constitute a breach of this Agreement, and the provisions of this Agreement shall not apply to such directors or officers in their capacity as such.