No Trust or Fund Created. Neither the Plan nor 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 Affiliate and Participant or any other person. To the extent that any Person acquires a right to receive payments from the Company or any Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any Affiliate.
Appears in 6 contracts
Samples: Restricted Stock Agreement (Kodiak Oil & Gas Corp), Restricted Stock Unit Award 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 the Agreement 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 Affiliate Subsidiary and Participant a Grantee or any other personPerson. To the extent that any Person acquires a right to receive payments from the Company or any Affiliate Subsidiary pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any AffiliateSubsidiary.
Appears in 6 contracts
Samples: Award Agreement (Associated Banc-Corp), Peabody Energy Corp, Peabody Energy Corp
No Trust or Fund Created. Neither the Plan nor 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 Affiliate and Participant Employee or any other person. To the extent that any Person acquires a right to receive payments from the Company or any Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any Affiliate.
Appears in 5 contracts
Samples: Incentive Stock Option Agreement (Kodiak Oil & Gas Corp), Non 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 the Agreement 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 Affiliate of their Affiliates, on the one hand, and a Participant or any other personPerson, on the other hand. To the extent that any Person acquires a right to receive payments from the Company or any 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 Affiliateparticipating Affiliate of the Partnership.
Appears in 5 contracts
Samples: Award Agreement (Marathon Petroleum Corp), Retention Agreement (MPLX Lp), Retention Agreement (MPLX Lp)
No Trust or Fund Created. Neither the Plan nor the Agreement 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 Affiliate Affiliate, on one hand, and a Participant or any other person, on the other. To the extent that any Person person acquires a right to receive payments from the Company Corporation or any 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 Affiliate.
Appears in 5 contracts
Samples: 2007 Stock Option Plan (Simulations Plus Inc), Amended And (Akorn Inc), Akorn Inc
No Trust or Fund Created. Neither the Plan nor 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 Affiliate and Participant Employee or any other personPerson. To the extent that any Person Employee acquires a right to receive payments from the Company or any Affiliate pursuant to an Awardthis Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company or any Affiliate.
Appears in 3 contracts
Samples: Restricted Stock Award Agreement (Rochester Medical Corporation), Restricted Stock Unit Award Agreement (Rochester Medical Corporation), Restricted Stock Award Agreement (Rochester Medical Corporation)
No Trust or Fund Created. Neither the Plan nor the Agreement 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 Affiliate and a Participant or any other personPerson. To the extent that any Person acquires a right to receive payments from the Company or any Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any Affiliate.
Appears in 2 contracts
Samples: Business Combination Agreement (Pioneer Merger Corp.), Moneygram International Inc
No Trust or Fund Created. Neither the Plan nor the Agreement 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 participating Affiliate and a Participant or any other personPerson. To the extent that any Person acquires a right to receive payments from the Company or any 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 participating 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 the Agreement 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 Affiliate and Participant a grantee or any other person. To the extent that any Person grantee or other person acquires a right to receive payments from the Company or any Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any AffiliateCompany.
Appears in 2 contracts
No Trust or Fund Created. Neither the Plan nor the Agreement 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 participating Affiliate and a Participant or any other personPerson. To the extent that any Person acquires a right to receive payments from the Company Partnership or any 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 participating Affiliate.
Appears in 2 contracts
No Trust or Fund Created. Neither the Plan nor the Agreement 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 Affiliate and a Participant or any other personPerson. To the extent that any Person acquires a right to receive payments from the Company or any 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 Affiliate.
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 the 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 Affiliate and the Participant or any other person. To the extent that any Person person acquires a right to receive payments from the Company or any 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 Affiliate.
Appears in 2 contracts
Samples: Performance Unit Plan (Fuller H B Co), Performance Unit Plan (Fuller H B Co)
No Trust or Fund Created. Neither the Plan nor 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 Affiliate and Participant Director or any other person. To the extent that any Person acquires a right to receive payments from the Company or any Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any Affiliate.
Appears in 1 contract
Samples: Non Incentive Stock Option Agreement (Kodiak Oil & Gas Corp)
No Trust or Fund Created. Neither the Plan nor the Agreement 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 Affiliate and a Participant or any other personPerson. To the extent that any Person acquires a right to receive payments from the Company Partnership or any 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 Affiliate.
Appears in 1 contract
Samples: Kinder Morgan Energy Partners L P
No Trust or Fund Created. Neither the Plan nor the Agreement 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 Affiliate Subsidiary and Participant a Grantee or any other personPerson. To the extent that any Person acquires a right to receive payments from the Company or any Affiliate Subsidiary pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any AffiliateSubsidiary.
Appears in 1 contract
Samples: media.corporate-ir.net
No Trust or Fund Created. Neither the Plan nor the Agreement 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 Affiliate and a Participant or any other person. To the extent that any Person a Participant acquires a the right to receive payments from the Company or any 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 AffiliateCompany.
Appears in 1 contract
Samples: Halcon Resources Corp
No Trust or Fund Created. Neither the this Plan nor the Agreement 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 Affiliate and a Participant or any other personPerson. To the extent that any Person acquires a right to receive payments from the Company or any Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any Affiliate.
Appears in 1 contract
Samples: Omnibus Stock and Incentive Plan (CST Brands, Inc.)
No Trust or Fund Created. Neither the Plan nor the Agreement 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 Affiliate and a Participant or any other person. To the extent that any Person person acquires a right to receive payments from the Company or any Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any Affiliate.
Appears in 1 contract
Samples: Employment Agreement (Ascend Wellness Holdings, Inc.)
No Trust or Fund Created. Neither the Plan nor the Agreement 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 Affiliate Affiliate, on one hand, and a Participant or any other personPerson, on the other. To the extent that any Person acquires a right to receive payments from the Company or any Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any such Affiliate.
Appears in 1 contract
Samples: Investment Agreement (Express-1 Expedited Solutions Inc)
No Trust or Fund Created. Neither the Plan nor the Agreement 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 Affiliate and Participant an Eligible Individual or any other person. To the extent that any Person person acquires a right to receive payments from the Company or any Affiliate pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any Affiliate.. SC1:4982479.5
Appears in 1 contract
Samples: Cronos Group Inc.
No Trust or Fund Created. Neither the Plan nor the Agreement 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 Affiliate Subsidiary and Participant a Grantee or any other personPerson. To the extent that any Person acquires a right to receive payments from the Company or any Affiliate Subsidiary pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any Affiliatesuch Subsidiary.
Appears in 1 contract
Samples: Diamond Resorts International, Inc.
No Trust or Fund Created. Neither the Plan nor the this 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 Affiliate Subsidiary and Participant or any other person. To the extent that any Person Participant acquires a right to receive Shares or payments from the Company or any Affiliate Subsidiary pursuant to an the Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any AffiliateSubsidiary.
Appears in 1 contract
Samples: Restricted Stock Unit Agreement (Lawson Software, Inc.)
No Trust or Fund Created. Neither the Plan nor the Agreement 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 Participant or any other personPerson. 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 AffiliateSubsidiary or Affiliate of the Company.
Appears in 1 contract
No Trust or Fund Created. Neither the Plan nor the 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 Affiliate an Affiliate) and a Participant or any other person. To the extent that any Person person acquires a right to receive payments from the Company (or any Affiliate 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 the Affiliate, as applicable).
Appears in 1 contract
Samples: AOL Inc.
No Trust or Fund Created. Neither the Plan nor the Agreement 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 Affiliate Corporation and Participant a grantee or any other person. To the extent that any Person grantee or other person acquires a right to receive payments from the Company or any Affiliate Corporation pursuant to an Award, such right shall be no greater than the right of any unsecured general creditor of the Company or any AffiliateCorporation.
Appears in 1 contract
No Trust or Fund Created. Neither the Plan nor the Agreement 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 Participant or any other personPerson. 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 Subsidiary or Affiliate.
Appears in 1 contract
No Trust or Fund Created. Neither the Plan nor the Agreement 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 Affiliate and a Participant or any other personPerson. To the extent that any Person acquires a right to receive payments from the Company or any 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 Affiliate.
Appears in 1 contract
Samples: Operating Agreement (Bluefly Inc)
