Stockholder’s Capacity Clause Samples

Stockholder’s Capacity. Parent and Sub acknowledge that no Stockholder is making any agreement or understanding herein in such Stockholder’s capacity as a director or officer of the Company and that each Stockholder is executing this agreement solely in such Stockholder’s capacity as the owner of Company Stock and nothing herein shall limit or affect any actions taken by such Stockholder in such Stockholder’s capacity as a director or officer of the Company.

Stockholder’s Capacity. ▇▇▇▇▇▇ acknowledges that no Stockholder is making any agreement or understanding herein on behalf of Rook or any of its Subsidiaries or in such Stockholder’s capacity as a director or officer of Rook and that each Stockholder is executing this agreement solely in such Stockholder’s capacity as the direct or indirect owner of Rook Common Stock and nothing herein shall limit or affect any actions taken by such Stockholder in such Stockholder’s capacity as a director or officer of Rook.

Stockholder’s Capacity. The Stockholder is signing this Agreement solely in the Stockholder’s capacity as an owner of its Parent Shares and nothing herein shall limit, prohibit, prevent or affect any actions taken by any director of the Company or the Parent nominated by such Stockholder in his or her capacity as a director.

Stockholder’s Capacity. Each Stockholder who is a director or officer of the Company does not make any agreement or understanding herein in his or her capacity as a director or officer of the Company. Such Stockholder signs solely in his or her capacity as the record holder and beneficial owner of the Subject Shares.

Stockholder’s Capacity. The Stockholders have full legal right, power, authority and capacity to execute, deliver and perform their obligations under this Agreement to consummate the transactions contemplated hereunder or thereunder.

Stockholder’s Capacity. All agreements and understandings made herein shall be made solely in the Stockholder’s capacity as a holder of the Subject Shares and not in any other capacity. Nothing in this Agreement shall restrict or affect any action or inaction of the Stockholder’s designees serving on the Company Board, acting in such person’s capacity as a director of the Company, including complying, subject to the provisions of the Merger Agreement, with his or her fiduciary obligations as a director of the Company.

Stockholder’s Capacity. Internet America and AcquisitionSub acknowledge that no Stockholder is making any agreement or understanding herein in his capacity as a director or officer of KeyOn and that each Stockholder is executing this agreement solely in his capacity as the owner of KeyOn Stock and nothing herein shall limit or affect any actions taken by such Stockholder in his capacity as a director or officer of KeyOn.

Stockholder’s Capacity. The parties acknowledge that this Agreement is entered into by the Stockholders in their capacity as owner of the Owned Shares and that nothing in this Agreement shall in any way restrict, limit or prohibit any affiliate or representative of the Stockholders from exercising their fiduciary duties in the capacity as a director of Brushy, if applicable.

Stockholder’s Capacity. Parent and Merger Sub acknowledge that neither Stockholder is making any agreement or understanding herein in such Stockholder's capacity as a director or officer of the Company and that each such Stockholder is executing this agreement solely in such Stockholder's capacity as the beneficial owner of Common Stock and nothing herein shall limit or affect any actions taken by the Stockholder in such Stockholder's capacity as a director or officer of the Company. Nothing herein shall limit or affect the Company's rights in connection with the Merger Agreement.