Stockholder Capacity. The restrictions and covenants of the Stockholder hereunder shall not be binding, and shall have no effect, in any way with respect to any director or officer of the Company or any of its Subsidiaries in such Person’s capacity as such a director or officer, nor shall any action taken by any such director or officer in his or her capacity as such be deemed a breach by the Stockholder of this Agreement.
Appears in 14 contracts
Samples: Voting Agreement (Edgar Online Inc), Voting Agreement (Edgar Online Inc), Stockholder Agreement (SXC Health Solutions Corp.)
Stockholder Capacity. The restrictions and covenants of the each Stockholder hereunder shall not be binding, and shall have no effect, in any way with respect to any director or officer of the Company or any of its Subsidiaries in such Person’s capacity as such a director or officer, nor shall any action taken by any such director or officer in his or her capacity as such be deemed a breach by the a Stockholder of this Agreement.
Appears in 6 contracts
Samples: Voting Agreement (Edgen Group Inc.), Voting Agreement (Akorn Inc), Voting Agreement (Hi Tech Pharmacal Co Inc)
Stockholder Capacity. The restrictions and covenants of the each Stockholder hereunder shall not be binding, and shall have no effect, in any way with respect to any Affiliate or designee of such Stockholder or such Stockholder in his, her or its capacity as an officer or director or officer of the Company or any of its Subsidiaries in such Person’s capacity as such a director or officerCompany, nor shall any action or inaction taken by any such director Stockholder in his, her or officer in his or her its capacity as an officer or director of the Company or by any Affiliate or designee of such Stockholder be deemed a breach by the such Stockholder of this AgreementAgreement (it being understood that this Agreement shall apply to the Stockholder solely in the Stockholder’s capacity as a stockholder of the Company).
Appears in 2 contracts
Samples: Voting Agreement (Lyris, Inc.), Voting Agreement (Mac-Gray Corp)
Stockholder Capacity. The restrictions and covenants of the each Stockholder hereunder shall not be binding, and shall have no effect, in any way with respect to any director or officer of the Company MSLO or any of its Subsidiaries in such Person’s capacity as such a director or officer, nor shall any action taken by any such director or officer in his or her capacity as such be deemed a breach by the a Stockholder of this Agreement.
Appears in 2 contracts
Samples: Voting and Support Agreement (Martha Stewart Living Omnimedia Inc), Voting and Support Agreement (Sequential Brands Group, Inc.)
Stockholder Capacity. The restrictions and covenants of the Stockholder hereunder shall not be binding, and shall have no effect, in any way with respect to any director or officer of the Company or any of its Subsidiaries in such Person’s capacity as such a director or officer, nor shall any action taken by any such director or officer in his or her capacity as such be deemed a breach by the Stockholder of this Agreement.
Appears in 2 contracts
Samples: Voting Agreement (Premium Standard Farms, Inc.), Voting Agreement (Smithfield Foods Inc)
Stockholder Capacity. The restrictions and covenants of the Stockholder Party hereunder are made in the capacity as a stockholder only, and shall not be binding, and shall have no effect, in any way with respect to any director director, officer or officer representative of the Company Purchaser or any of its Subsidiaries in such Person’s capacity as such a director or officerSubsidiaries, nor shall any action taken by any such director director, officer or officer representative in his or her capacity as such be deemed a breach by the Stockholder Party of this Agreement.
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