Common use of Acknowledgment by Participant Clause in Contracts

Acknowledgment by Participant. By executing this grant, the Participant hereby acknowledges that with respect to any right to a distribution and DERs pursuant to this Agreement, the Participant is and shall be an unsecured creditor of the Partnership without any preference as against other unsecured general creditors of the Partnership, and the Participant hereby covenants for himself or herself, and anyone at any time claiming through or under the Participant, not to claim any such preference, and hereby disclaims and waives any such preference that may at any time be at issue, to the fullest extent permitted by applicable law. The Participant also hereby agrees to be bound by the terms and conditions of the Plan and this Agreement. The Participant further agrees to be bound by the determinations and decisions of the Committee with respect to this Agreement and the Plan and the Participant’s rights to benefits under this Agreement and the Plan, and agrees that all such determinations and decisions of the Committee shall be binding on the Participant, his or her beneficiaries and any other person having or claiming an interest under this Agreement and the Plan on behalf of the Participant.

Appears in 16 contracts

Samples: Phantom Unit Grant Agreement (Buckeye Partners, L.P.), Deferral and Incentive Plan (Buckeye Partners, L.P.), Performance Unit Grant Agreement (Buckeye Partners, L.P.)

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Acknowledgment by Participant. By executing this grantAgreement, the Participant hereby acknowledges that with respect to any right to a redemption or distribution and DERs pursuant to this Agreement, the Participant is and shall be an unsecured general creditor of the Partnership RAIT without any preference as against other unsecured general creditors of the PartnershipRAIT, and the Participant hereby covenants for himself or herself, and anyone at any time claiming through or under the Participant, Participant not to claim any such preference, and hereby disclaims and waives any such preference that which may at any time be at issue, to the fullest extent permitted by applicable law. The Participant also hereby agrees to be bound by the terms and conditions of the Plan and this Agreement. The Participant further agrees to be bound by the determinations and decisions of the Committee with respect to this Agreement and the Plan and the Participant’s rights to benefits under this Agreement and the Plan, and agrees that all such determinations and decisions of the Committee shall be binding on the Participant, his or her beneficiaries and any other person having or claiming an interest under this Agreement and the Plan on behalf of the Participant.

Appears in 7 contracts

Samples: Unit Award Agreement (Rait Investment Trust), Unit Award Agreement (Rait Investment Trust), Unit Award Agreement (RAIT Financial Trust)

Acknowledgment by Participant. By executing this grantAgreement, the Participant hereby acknowledges that with respect to any right to a distribution and DERs redemption pursuant to this Agreement, the Participant is and shall be an unsecured general creditor of the Partnership RAIT without any preference as against other unsecured general creditors of the PartnershipRAIT, and the Participant hereby covenants for himself or herself, and anyone at any time claiming through or under the Participant, Participant not to claim any such preference, and hereby disclaims and waives any such preference that which may at any time be at issue, to the fullest extent permitted by applicable law. The Participant also hereby agrees to be bound by the terms and conditions of the Plan and this Agreement. The Participant further agrees to be bound by the determinations and decisions of the Committee with respect to this Agreement and the Plan and the Participant’s rights to benefits under this Agreement and the Plan, and agrees that all such determinations and decisions of the Committee shall be binding on the Participant, his or her beneficiaries and any other person having or claiming an interest under this Agreement and the Plan on behalf of the Participant.

Appears in 3 contracts

Samples: Unit Award Agreement (Rait Investment Trust), Unit Award Agreement (Rait Investment Trust), Unit Award Agreement (Rait Investment Trust)

Acknowledgment by Participant. By executing this grantAgreement, the Participant hereby acknowledges that with respect to any right to a distribution and DERs of settlement or payment pursuant to this Agreement, the Participant is and shall be an unsecured general creditor of the Partnership RAIT without any preference as against other unsecured general creditors of the PartnershipRAIT, and the Participant hereby covenants for himself or herself, and anyone at any time claiming through or under the Participant, Participant not to claim any such preference, and hereby disclaims and waives any such preference that which may at any time be at issue, to the fullest extent permitted by applicable law. The Participant also hereby agrees to be bound by the terms and conditions of the Plan and this Agreement. The Participant further agrees to be bound by the determinations and decisions of the Committee with respect to this Agreement and the Plan and the Participant’s rights to benefits under this Agreement and the Plan, and agrees that all such determinations and decisions of the Committee shall be binding on the Participant, his or her beneficiaries and any other person having or claiming an interest under this Agreement and the Plan on behalf of the Participant.

Appears in 3 contracts

Samples: Share Appreciation Rights Award Agreement (RAIT Financial Trust), Trust 2012 Incentive Award Plan Share Appreciation Rights Award Agreement (RAIT Financial Trust), Plan Share Appreciation Rights Award Agreement (RAIT Financial Trust)

Acknowledgment by Participant. By executing accepting this grant, the Participant hereby acknowledges that with respect to any right to a distribution and DERs payment pursuant to this Agreementgrant, the Participant is and shall be an unsecured general creditor of the Partnership RCM without any preference as against other unsecured general creditors of the PartnershipRCM, and the Participant hereby covenants for himself or herself, and anyone at any time claiming through or under the Participant, not to claim any such preference, and hereby disclaims and waives any such preference that which may at any time be at issue, to the fullest extent permitted by applicable law. The Participant also hereby agrees to be bound by the terms and conditions of the Plan and this Agreement. The Participant further agrees to be bound by the determinations and decisions of the Committee with respect to this Agreement grant and the Plan and the Participant’s rights to benefits under this Agreement grant and the Plan, and agrees that all such determinations and decisions of the Committee shall be binding on the Participant, his or her beneficiaries and any other person having or claiming an interest under this Agreement grant and the Plan on behalf of the Participant.

Appears in 2 contracts

Samples: Stock Unit Award Agreement (RCM Technologies Inc), Stock Unit Award Agreement (RCM Technologies Inc)

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Acknowledgment by Participant. By executing this grantAgreement, the Participant hereby acknowledges that with respect to any right to a distribution and DERs redemption or payment pursuant to this Agreement, the Participant is and shall be an unsecured general creditor of the Partnership RAIT without any preference as against other unsecured general creditors of the PartnershipRAIT, and the Participant hereby covenants for himself or herself, and anyone at any time claiming through or under the Participant, Participant not to claim any such preference, and hereby disclaims and waives any such preference that which may at any time be at issue, to the fullest extent permitted by applicable law. The Participant also hereby agrees to be bound by the terms and conditions of the Plan and this Agreement. The Participant further agrees to be bound by the determinations and decisions of the Committee with respect to this Agreement and the Plan and the Participant’s rights to benefits under this Agreement and the Plan, and agrees that all such determinations and decisions of the Committee shall be binding on the Participant, his or her beneficiaries and any other person having or claiming an interest under this Agreement and the Plan on behalf of the Participant.

Appears in 1 contract

Samples: Rait Financial Trust (RAIT Financial Trust)

Acknowledgment by Participant. By executing this grantAgreement, the Participant hereby acknowledges that with respect to any right to a distribution and DERs payment pursuant to this Agreement, the Participant is and shall be an unsecured general creditor of the Partnership RAIT without any preference as against other unsecured general creditors of the PartnershipRAIT, and the Participant hereby covenants for himself or herselfhimself, and anyone at any time claiming through or under the Participant, Participant not to claim any such preference, and hereby disclaims and waives any such preference that which may at any time be at issue, to the fullest extent permitted by applicable law. The Participant also hereby agrees to be bound by the terms and conditions of the Plan and this Agreement. The Participant further agrees to be bound by the determinations and decisions of the Committee with respect to this Agreement and the Plan and the Participant’s rights to benefits payment under this Agreement and the Plan, and agrees that all such determinations and decisions of the Committee shall be binding on the Participant, his or her beneficiaries and any other person having or claiming an interest under this Agreement and the Plan on behalf of the Participant.

Appears in 1 contract

Samples: Cash Award Agreement (RAIT Financial Trust)

Acknowledgment by Participant. By executing this grant, the Participant hereby acknowledges that with respect to any right to a distribution and DERs pursuant to this Agreement, the Participant is and shall be an unsecured creditor of the Partnership without any preference as against other unsecured general creditors of the Partnership, and the Participant hereby covenants for himself or herself, and anyone at any time claiming through or under the Participant, not to claim any such preference, and hereby disclaims and waives any such preference that may at any time be at issue, to the fullest extent permitted by applicable law. The Participant also hereby agrees to be bound by the terms and conditions of the Plan and this Agreement. The Participant further agrees to be bound by the determinations and decisions of the Committee with respect to this Agreement and the Plan and the Participant’s rights to benefits under this Agreement and the Plan, and agrees that all such determinations and decisions of the Committee shall be binding on the Participant, his or her beneficiaries and any other person having or claiming an interest under this Agreement and the Plan on behalf of the Participant.

Appears in 1 contract

Samples: Phantom Unit Grant Agreement (Buckeye Partners, L.P.)

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