Common use of Acknowledgment by Xxxxxxx Clause in Contracts

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

Appears in 4 contracts

Samples: 2015 Performance Based Restricted Stock Unit Grant Agreement (Nutri System Inc /De/), Performance Based Restricted Stock Unit Grant Agreement (Nutri System Inc /De/), Performance Based Restricted Stock Unit Grant Agreement (Nutri System Inc /De/)

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