Common use of No ERISA Plan Clause in Contracts

No ERISA Plan. Neither this Agreement nor the award of the Performance-Based Share Award hereunder shall be construed by any party as being subject to any provisions of ERISA, and shall not be so subject. Without in any way limiting the generality of the foregoing, the Performance-Based Share Award awarded hereunder shall constitute a mere unfunded promise to pay by the Company and a bonus program within the meaning of Department of Labor Regulation Section 2510.3-2(c) promulgated under ERISA.

Appears in 5 contracts

Samples: Performance Based Share Award (Pfsweb Inc), Performance Based Share Award (Pfsweb Inc), Performance Based Share Award (Pfsweb Inc)

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No ERISA Plan. Neither this Agreement nor the award of the Performance-Based Share Award Shares hereunder shall be construed by any party as being subject to any provisions of ERISA, and shall not be so subject. Without in any way limiting the generality of the foregoing, the Performance-Based Share Award Performance Shares awarded hereunder shall constitute a mere unfunded promise to pay by the Company and a bonus program within the meaning of Department of Labor Regulation Section 2510.3-2(c) promulgated under ERISA.

Appears in 5 contracts

Samples: 2016 Executive Performance Share Award Agreement (Pfsweb Inc), 2015 Performance Share Agreement (Pfsweb Inc), 2014 Performance Share Agreement (Pfsweb Inc)

No ERISA Plan. Neither this Agreement nor the award of the Performance-Based Share Award Performance Shares hereunder shall be construed by any party as being subject to any provisions of ERISA, and shall not be so subject. Without in any way limiting the generality of the foregoing, the Performance-Based Share Award Performance Shares awarded hereunder shall constitute a mere unfunded promise to pay by the Company and a bonus program within the meaning of Department of Labor Regulation Section 2510.3-2(c) promulgated under ERISA.

Appears in 5 contracts

Samples: Lti TSR Performance Share Award Agreement (Pfsweb Inc), 2020 Lti TSR Performance Share Award Agreement (Pfsweb Inc), Lti TSR Performance Share Award Agreement (Pfsweb Inc)

No ERISA Plan. Neither this Agreement nor the award of the Performance-Based Share Award Performance Shares hereunder shall be construed by any party as being subject to any provisions of ERISA, and shall not be so subject. Without in any way limiting the generality of the foregoing, the Performance-Based Share Award Performance Shares awarded hereunder shall constitute a mere unfunded promise to pay by the Company and a bonus program within the meaning of Department of Labor Regulation Section 2510.3-2(c) promulgated under ERISA. 8.

Appears in 2 contracts

Samples: 2020 Lti TSR Performance Share Award Agreement (Pfsweb Inc), Lti TSR Performance Share Award Agreement (Pfsweb Inc)

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No ERISA Plan. Neither this Agreement nor the award of the Performance-Based Share Award hereunder shall be construed by any party as being subject to any provisions of ERISA, and shall not be so subject. Without in any way limiting the generality of the foregoing, the Performance-Based Share Award awarded hereunder shall constitute a mere unfunded promise to pay by the Company and a bonus program within the meaning of Department of Labor Regulation Section 2510.3-2(c) promulgated under ERISA. 9.

Appears in 1 contract

Samples: Pfsweb Inc

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