No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary and a Grantee or any other Person. To the extent that any Person acquires a right to receive payments from the Company or any Subsidiary pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any Subsidiary.
Appears in 6 contracts
Samples: Incentive Plan (Peabody Energy Corp), 2015 Long Term Incentive Plan (Peabody Energy Corp), Incentive Compensation Plan (Retrophin, Inc.)
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company Corporation or any Subsidiary Affiliate, on one hand, and a Grantee Participant or any other Personperson, on the other. To the extent that any Person person acquires a right to receive payments from the Company Corporation or any Subsidiary Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company Corporation or any SubsidiaryAffiliate.
Appears in 6 contracts
Samples: Stock Option Plan (Akorn Inc), 2007 Stock Option Plan (Simulations Plus Inc), Stock Option Plan (Akorn Inc)
No Trust or Fund Created. Neither the Plan nor any Award the Agreement shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary Affiliate and a Grantee Participant or any other Personperson. To the extent that any Person acquires a right to receive payments from the Company or any Subsidiary Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any SubsidiaryAffiliate.
Appears in 6 contracts
Samples: Restricted Stock Unit Award Agreement (Kodiak Oil & Gas Corp), Restricted Stock Agreement (Kodiak Oil & Gas Corp), Restricted Stock Unit and Performance Award Agreement (Kodiak Oil & Gas Corp)
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company Company, the Partnership or any Subsidiary of their Affiliates, on the one hand, and a Grantee Participant or any other Person, on the other hand. To the extent that any Person acquires a right to receive payments from the Company or any Subsidiary pursuant to an Award, such right shall be no greater than the right of any general unsecured general creditor of the Company Partnership or any Subsidiaryparticipating Affiliate of the Partnership.
Appears in 5 contracts
Samples: Retention Agreement (Marathon Petroleum Corp), Retention Agreement (MPLX Lp), Retention Agreement (MPLX Lp)
No Trust or Fund Created. Neither the Plan nor any Award the Agreement shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary Affiliate and a Grantee Employee or any other Personperson. To the extent that any Person acquires a right to receive payments from the Company or any Subsidiary Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any SubsidiaryAffiliate.
Appears in 5 contracts
Samples: Non Incentive Stock Option Agreement (Kodiak Oil & Gas Corp), Incentive Stock Option Agreement (Kodiak Oil & Gas Corp), Non Incentive Stock Option Agreement (Kodiak Oil & Gas Corp)
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary Affiliate and a Grantee Participant or any other Person. To the extent that any Person acquires a right to receive payments from the Company or any Subsidiary Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any SubsidiaryAffiliate.
Appears in 2 contracts
Samples: Business Combination Agreement (Pioneer Merger Corp.), 2005 Omnibus Incentive Plan (Moneygram International Inc)
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary Affiliate and a Grantee Participant or any other Person. To the extent that any Person acquires a right to receive payments from the Company or any Subsidiary Affiliate pursuant to an Award, such right shall be no greater than the right of any an unsecured general creditor of the Company or any SubsidiaryAffiliate.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Advanced Lighting Technologies Inc), Stock Purchase Agreement (Advanced Lighting Technologies Inc)
No Trust or Fund Created. Neither the Plan nor any Award award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary participating Affiliate and a Grantee Participant or any other Person. To the extent that any Person acquires a right to receive payments from the Company or any Subsidiary participating Affiliate pursuant to an Award, such right shall be no greater than the right of any general unsecured general creditor of the Company or any Subsidiaryparticipating Affiliate.
Appears in 2 contracts
Samples: Option Agreement (Linn Energy, LLC), Option Agreement (Linn Energy, LLC)
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary and a Grantee grantee or any other Personperson. To the extent that any Person grantee or other person acquires a right to receive payments from the Company or any Subsidiary pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any SubsidiaryCompany.
Appears in 2 contracts
Samples: Proxy Statement, 2008 Share Incentive Plan (Intelsat Global Holdings S.A.)
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company Partnership or any Subsidiary participating Affiliate and a Grantee Participant or any other Person. To the extent that any Person acquires a right to receive payments from the Company Partnership or any Subsidiary participating Affiliate pursuant to an Award, such right shall be no greater than the right of any general unsecured general creditor of the Company Partnership or any Subsidiaryparticipating Affiliate.
Appears in 2 contracts
Samples: Long Term Incentive Plan (Energy Transfer LP), Long Term Incentive Plan (Energy Transfer Partners, L.P.)
No Trust or Fund Created. Neither the Plan nor any this Award Agreement shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary Affiliate and a Grantee the Participant or any other Personperson. To the extent that any Person person acquires a right to receive payments from the Company or any Subsidiary Affiliate pursuant to an Awardthis Award Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company or any SubsidiaryAffiliate.
Appears in 2 contracts
Samples: Performance Unit Award Agreement (Fuller H B Co), Performance Unit Award Agreement (Fuller H B Co)
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary or Affiliate and a Grantee Participant or any other Person. To the extent that any Person acquires a right to receive payments from the Company or any Subsidiary or Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any SubsidiarySubsidiary or Affiliate.
Appears in 1 contract
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary Affiliate and a Grantee Participant or any other Personperson. To the extent that any Person person acquires a right to receive payments from the Company or any Subsidiary Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any SubsidiaryAffiliate.
Appears in 1 contract
Samples: Non Plan Restricted Stock Unit Agreement (Ascend Wellness Holdings, Inc.)
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a anor, except the extent required by applicable federal law, any fiduciary relationship between the Company or any Subsidiary and a Grantee or any other Person. To the extent that any Person acquires a right to receive payments from the Company or any Subsidiary pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any Subsidiary.
Appears in 1 contract
Samples: Award Agreement
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary Affiliate and a Grantee an Eligible Individual or any other Personperson. To the extent that any Person person acquires a right to receive payments from the Company or any Subsidiary Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any Subsidiary.Affiliate. SC1:4982479.5
Appears in 1 contract
Samples: Employment Inducement Award Plan (Cronos Group Inc.)
No Trust or Fund Created. Neither the Plan nor any Award Agreement shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company (or any Subsidiary an Affiliate) and a Grantee Participant or any other Personperson. To the extent that any Person person acquires a right to receive payments from the Company (or any Subsidiary an Affiliate) pursuant to an Award, such right shall be no greater more secure than the right of any unsecured general creditor of the Company (or any Subsidiarythe Affiliate, as applicable).
Appears in 1 contract
Samples: Long Term Incentive Plan (AOL Inc.)
No Trust or Fund Created. Neither the Plan nor any the Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary Affiliate and a Grantee Participant or any other Person. To the extent that any Person acquires a right to receive payments from the Company or any Subsidiary Affiliate pursuant to an Award, such right shall be no greater than the right of any general unsecured general creditor of the Company or any SubsidiaryAffiliate.
Appears in 1 contract
Samples: Operating Agreement (Bluefly Inc)
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary Affiliate, on one hand, and a Grantee Participant or any other Person, on the other. To the extent that any Person acquires a right to receive payments from the Company or any Subsidiary Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any Subsidiarysuch Affiliate.
Appears in 1 contract
Samples: Investment Agreement (Express-1 Expedited Solutions Inc)
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary or Affiliate of the Company and a Grantee Participant or any other Person. To the extent that any Person acquires a right to receive payments from the Company or any Subsidiary or Affiliate of the Company pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any SubsidiarySubsidiary or Affiliate of the Company.
Appears in 1 contract
Samples: Incentive Compensation Agreement
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary Corporation and a Grantee grantee or any other Personperson. To the extent that any Person grantee or other person acquires a right to receive payments from the Company or any Subsidiary Corporation pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any SubsidiaryCorporation.
Appears in 1 contract
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary and a Grantee or any other Person. To the extent that any Person acquires a right to receive payments from the Company or any Subsidiary pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any such Subsidiary.
Appears in 1 contract
Samples: Bonus Compensation Plan (Diamond Resorts International, Inc.)
No Trust or Fund Created. Neither the this Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a any fiduciary relationship between the Company or any Subsidiary Affiliate and a Grantee Participant or any other Person. To the extent that any Person acquires a right to receive payments from the Company or any Subsidiary Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any SubsidiaryAffiliate.
Appears in 1 contract
Samples: 2013 Omnibus Stock and Incentive Plan (CST Brands, Inc.)
No Trust or Fund Created. Neither the Plan nor any Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company Partnership or any Subsidiary Affiliate and a Grantee Participant or any other Person. To the extent that any Person acquires a right to receive payments from the Company Partnership or any Subsidiary Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company Partnership or any SubsidiaryAffiliate.
Appears in 1 contract
Samples: Common Unit Option Plan (Kinder Morgan Energy Partners L P)
No Trust or Fund Created. Neither the Plan nor any an Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Subsidiary and a Grantee Participant or any other Personperson. To the extent that any Person a Participant acquires a the right to receive payments from the Company or any Subsidiary pursuant to an Award, such right shall be no greater than the right of any general unsecured general creditor of the Company or any SubsidiaryCompany.
Appears in 1 contract
