Capacity as a Shareholder. The parties hereto agree and acknowledge that notwithstanding anything to the contrary provided herein, N. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 3rd is signing this Agreement solely in his capacity as a beneficial owner of Covered Shares and his agreement with respect to the Expense Fund. Nothing in this Agreement shall limit or affect any actions taken by N. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 3rd in his capacity as a director or officer of the Company, to the extent this Agreement could be construed to restrict the exercise by N. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 3rd of his fiduciary duties in such capacity.
Appears in 3 contracts
Sources: Agreement (KMF Investments Partners Lp), Agreement (West Family Investments, Inc.), Series a Convertible Redeemable Preferred Shares Agreement (Mitchell Noah Malone III)