Common use of Shareholder Capacity Clause in Contracts

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officer. Nothing herein shall limit or affect any actions taken by such Person solely in his or her capacity as a director or officer of the Company to the extent permitted by the Merger Agreement or following the termination of the Merger Agreement in accordance with its terms.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make makes any agreement or understanding herein in this Agreement in such Person’s his or her capacity as a such director or officer. Nothing Each Shareholder signs solely in his capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Shareholder's Shares and nothing herein shall limit or affect any actions taken by such Person solely a Shareholder in his or her its capacity as a an officer or director or officer of the Company to the extent specifically permitted by the Merger Agreement or following the termination of the Merger Agreement in accordance with its termsAgreement.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make makes any agreement or understanding herein in this Agreement in such Person’s his or her capacity as a such director or officer. Nothing Each Shareholder signs solely in its capacity as the record holder and beneficial owner of such Shareholder's Shares and nothing herein shall limit or affect any actions taken by a Shareholder or any officer, director, partner or affiliate of such Person solely Shareholder in his or her its capacity as a an officer or director or officer of the Company to the extent specifically permitted by the Merger Agreement or following the termination of the Merger Agreement in accordance with its termsAgreement.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make makes any agreement or understanding herein in this Agreement in such Person’s his capacity as a such director or officer. Nothing Each Shareholder signs solely in his capacity as the record or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Shareholder's Subject Shares and nothing herein (including, without limitation, the provisions of Section 5) shall limit or affect any actions taken by such Person solely a Shareholder in his or her capacity as a an officer or director or officer of the Company to the extent permitted by the Merger Agreement or following the termination of the Merger Agreement in accordance with its termsCompany.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make makes any agreement or understanding herein in this Agreement in such Person’s his or her capacity as a such director or officer. Nothing Each Shareholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Shareholder's Shares and nothing herein shall limit or affect any actions taken by such Person solely a Shareholder in his or her its capacity as a an officer or director or officer of the Company to the extent specifically permitted by the Merger Agreement or following the termination of the Merger Agreement in accordance with its termsAgreement.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s 's capacity as a director or officer. Nothing Each Shareholder is entering into this Agreement solely in its capacity as the record holder or beneficial owner of such Shareholder's Subject Shares and nothing herein shall limit limit, restrict or affect any actions taken by such Person solely a Shareholder in his or her its capacity as a director or officer of the Company to the extent specifically permitted by the Merger Agreement or following the termination of the Merger Agreement in accordance with its termsAgreement.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make makes any agreement or understanding herein in this Agreement in such Person’s his capacity as a such director or officer. Nothing herein Shareholder signs solely in his capacity as the record holder and beneficial owner of the Shares and nothing in this Agreement shall limit or affect any actions taken by such Person solely Shareholder in his or her capacity as a an officer or director or officer of the Company to the extent permitted by the Merger Agreement or following the Company. This Section 5.13 shall survive termination of the Merger Agreement in accordance with its termsthis Agreement.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person person executing this Agreement who is or becomes during the term hereof of this Agreement a director of the Company makes any agreement in his or officer her capacity as a director. Each Shareholder is executing and delivering this Agreement solely in that Shareholder's capacity as the record and beneficial owner of that Shareholder's Shares. Notwithstanding anything to the contrary in this Agreement, no action or inaction by a Shareholder in his capacity as a director, officer, or employee of the Company shall be deemed to make any agreement contravene Section 8, as long as the action or understanding in this Agreement in such Person’s capacity as a director or officer. Nothing herein shall limit or affect any actions taken by such Person solely in his or her capacity as a director or officer of the Company to the extent permitted by the Merger Agreement or following the termination inaction does not contravene Section 7.2 of the Merger Agreement in accordance with its termsAgreement.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s 's capacity as a director or officer. Nothing Each Stockholder is entering into this Agreement solely in its capacity as the record holder or beneficial owner of such Stockholders Shares and nothing herein shall limit or affect any actions taken by such Person solely a Stockholder in his or her its capacity as a director or officer of the Company to the extent permitted by the Merger Agreement or following the termination of the Merger Agreement in accordance with its termsCompany.

Shareholder Capacity. Notwithstanding anything herein to the contrary, no person executing this Agreement who (either directly or through one of its officers, partners or affiliates) is, or becomes during the Term, a director or officer of the Company makes any agreement or understanding herein in his capacity as such director or officer, and the agreements set forth herein shall in no way restrict any director or officer in the exercise of his or her fiduciary duties as a director or officer of the Company. The Shareholder is executing has executed this Agreement solely in its capacity as a shareholder the beneficial holder of the Company. No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officer. Nothing herein shall limit or affect any actions taken by such Person solely in his or her capacity as a director or officer of the Company to the extent permitted by the Merger Agreement or following the termination of the Merger Agreement in accordance with its termsShares.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person person executing this Agreement who is or -------------------- becomes during the term hereof a director or officer of the Company shall be deemed to make makes any agreement or understanding herein in this Agreement in such Person’s his or her capacity as a such director or officer. Nothing Each Shareholder signs solely in his or her capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Shareholder's Shares and nothing herein shall limit or affect any actions taken by such Person solely a Shareholder in his or her its capacity as a an officer or director or officer of the Company to the extent specifically permitted by the Merger Agreement or following the termination of the Merger Agreement in accordance with its termsAgreement.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make Bank makes any agreement or understanding herein in this Agreement in such Person’s his capacity as a such director or officer. Nothing herein Each Shareholder signs solely in his capacity as the record holder and beneficial owner of such Shareholder’s Shares and nothing in this Agreement shall limit or affect any actions taken by such Person solely any Shareholder in his or her capacity as a an officer or director or officer of the Company to the extent permitted by the Merger Agreement or following the Bank. This Section 5.11 shall survive termination of the Merger Agreement in accordance with its termsthis Agreement.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person person executing this Agreement who is or becomes during the term hereof of this Agreement a director of the Company makes any agreement hereunder in his or officer her capacity as a director. Each Shareholder is executing and delivering this Agreement solely in that Shareholder's capacity as the record and beneficial owner of that Shareholder's Shares. Notwithstanding anything to the contrary in this Agreement, no action or inaction by a Shareholder in his capacity as a director, officer, or employee of the Company shall be deemed to make any agreement contravene Section 6, as long as the action or understanding in this Agreement in such Person’s capacity as a director or officer. Nothing herein shall limit or affect any actions taken by such Person solely in his or her capacity as a director or officer of the Company to the extent permitted by the Merger Agreement or following the termination inaction does not contravene Section 7.2 of the Merger Agreement in accordance with its termsAgreement.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person executing this Agreement who is or becomes during the term hereof of this Agreement a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s 's capacity as a director or officer. Nothing Each Shareholder is entering into this Agreement solely in his or her capacity as the record holder or beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Shareholder's Subject Shares and nothing herein shall limit or affect any actions taken by such Person solely a Shareholder in his or her capacity as a director or officer of the Company to the extent specifically permitted by the Merger Agreement or following the termination of the Merger Agreement in accordance with its termsAgreement.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person person executing this Agreement who is or becomes during the term hereof a director director, employee or officer of the Company shall be deemed to make makes any agreement or understanding herein in this Agreement in such Person’s his or her capacity as a director director, employee or officerofficer of the Company. Nothing Each Shareholder signs solely in his capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, such Shareholder's Shares and nothing herein shall limit or affect any actions taken by by, or requires that any actions be taken by, such Person solely Shareholder in his or her capacity as a an officer, employee or director or officer of the Company to the extent permitted by the Merger Agreement or following the termination of the Merger Agreement in accordance with its termsCompany.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as a director or officer. Nothing Each Stockholder is entering into this Agreement solely in its capacity as the record holder or beneficial owner of such Stockholders Shares and nothing herein shall limit or affect any actions taken by such Person solely a Stockholder in his or her its capacity as a director or officer of the Company to the extent specifically permitted by the Merger Purchase Agreement or following the termination of the Merger Agreement in accordance with its termsPurchase Agreement.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make makes any agreement or understanding herein in this Agreement in such Person’s his capacity as a such director or officer. Nothing herein Shareholder signs solely in his capacity as the record holder and beneficial owner of Shareholder's Shares and nothing in this Agreement shall limit or affect any actions taken by such Person solely any Shareholder in his or her capacity as a an officer or director or officer of the Company to the extent permitted by the Merger Agreement or following the Company. This Section 5.11 shall survive termination of the Merger Agreement in accordance with its termsthis Agreement.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company or any of its Subsidiaries shall be deemed to make any agreement or understanding in this Agreement in such Person’s 's capacity as such a director or officer. Nothing Each Shareholder is entering into this Agreement solely in its capacity as the record holder or beneficial owner of such Shareholder's Subject Shares and nothing herein shall limit or affect any actions taken by such Person solely a Shareholder in his or her its capacity as a director or officer of the Company or of any of its Subsidiaries to the extent specifically permitted by the Merger Agreement or following the termination of the Merger Agreement in accordance with its termsAgreement.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding in this Agreement in such Person’s 's capacity as a director or officer. Nothing Each Stockholder is entering into this Agreement solely in its capacity as the record holder or beneficial owner of such Stockholders Shares and nothing herein shall limit or affect any actions taken by such Person solely a Stockholder in his or her its capacity as a director or officer of the Company to the extent specifically permitted by the Merger Agreement or following the termination of the Merger Agreement in accordance with its termsAgreement.

Shareholder Capacity. The Shareholder is executing this Agreement solely in its capacity as a shareholder of the Company. No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company or any of its Subsidiaries shall be deemed to make any agreement or understanding in this Agreement in such Person’s capacity as such a director or officer. Nothing Each Shareholder is entering into this Agreement solely in its capacity as the record holder or beneficial owner of such Shareholder’s Subject Shares and nothing herein shall limit or affect any actions taken by such Person solely a Shareholder in his or her its capacity as a director or officer of the Company or of any of its Subsidiaries to the extent specifically permitted by the Merger Agreement or following the termination of the Merger Agreement in accordance with its termsAgreement.