Nature of Obligation. The Company shall not be required to establish a special or separate fund or other segregation of assets to assure payments under this Agreement, and, if the Company shall make any investments to aid it in meeting its obligations hereunder, the Executive shall have no right, title or interest in or to any such investments, except as may otherwise be expressly provided in a separate written instrument relating to such investments. Nothing contained in this Agreement, and no action taken pursuant to its provisions, shall create or be construed to create a trust of any kind or a fiduciary relationship between the Company and the Executive or any other person. To the extent that any person acquires a right to receive payments under this Agreement such right shall be no greater than the right of an unsecured creditor.
Appears in 14 contracts
Samples: Change in Control Severance Agreement (Stewardship Financial Corp), Change in Control Severance Agreement (Stewardship Financial Corp), Change in Control Severance Agreement (Stewardship Financial Corp)
Nature of Obligation. The Company Corporation shall not be required to establish a special or separate fund or other segregation of assets to assure payments under this Agreement, and, if the Company Corporation shall make any investments to aid it in meeting its obligations hereunder, the Executive shall have no right, title or interest in or to any such investments, investments except as may otherwise be expressly provided in a separate written instrument relating to such investments. Nothing contained in this Agreement, and no action taken pursuant to its provisions, shall create or be construed to create a trust of any kind or a fiduciary relationship between the Company Corporation and the Executive or any other person. To the extent that any person acquires a right to receive payments under this Agreement such right shall be no greater than the right of an unsecured creditor.
Appears in 8 contracts
Samples: Change in Control Agreement (Idacorp Inc), Change in Control Agreement (Phosphate Holdings, Inc.), Change in Control Agreement (Idaho Power Co)
Nature of Obligation. The Company shall not be required to establish a special or separate fund or other segregation of assets to assure payments under this Agreement, and, if the Company shall make any investments to aid it in meeting its obligations hereunder, the Executive Employee shall have no right, title or interest in or to any such investments, investments except as may otherwise be expressly provided in a separate written instrument relating to such investments. Nothing investments and nothing contained in this Agreement, and no action taken pursuant to its provisions, shall create or be construed to create a trust of any kind or a fiduciary relationship between the Company and the Executive Employee or any other person. To the extent that any person acquires a right to receive payments under this Agreement such right shall be no greater than the right of an unsecured creditor.
Appears in 3 contracts
Samples: Executive Employment Agreement (Innophos Holdings, Inc.), Executive Employment Agreement (Innophos Holdings, Inc.), Executive Employment Agreement (Innophos Holdings, Inc.)
Nature of Obligation. The Company shall not be required to establish a special or separate fund or other segregation of assets to assure payments under this Agreement, and, if the Company shall make any investments to aid it in meeting its obligations hereunder, the Executive shall have no right, title or interest in or to any such investments, except as may otherwise be expressly provided in a separate written instrument relating to such investments. Nothing contained in this Agreement, and no action taken pursuant to its provisions, shall create or be construed to create a trust of any kind or a fiduciary relationship between the Company and the Executive or any other person. To the extent that any person acquires a right to receive payments under this Agreement such right shall be no greater than the right of an unsecured creditor. 5.
Appears in 2 contracts
Samples: Control Severance Agreement, Control Severance Agreement