Common use of No Trust or Fund Created Clause in Contracts

No Trust or Fund Created. Neither this Agreement nor the grant of this Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company and the Participant or any other person. The Performance Stock Units subject to this Agreement represent only the Company’s unfunded and unsecured promise to issue Shares to the Participant in the future. To the extent that the Participant or any other person acquires a right to receive payments from the Company pursuant to this Agreement, that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 8 contracts

Samples: Performance Stock Unit Award Agreement (Smith & Wesson Brands, Inc.), Performance Stock Unit Award Agreement (American Outdoor Brands, Inc.), Performance Stock Unit Award Agreement (Smith & Wesson Brands, Inc.)

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No Trust or Fund Created. Neither this Agreement nor the grant of this Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company and the Participant or any other person. The Performance Restricted Stock Units subject to this Agreement represent only the Company’s unfunded and unsecured promise to issue Shares to the Participant in the future. To the extent that the Participant or any other person acquires a right to receive payments from the Company pursuant to this Agreement, that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 8 contracts

Samples: Restricted Stock Unit Award Agreement (Smith & Wesson Brands, Inc.), Restricted Stock Unit Award Agreement (Smith & Wesson Brands, Inc.), Restricted Stock Unit Award Agreement (American Outdoor Brands, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of this the Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company and the Participant or any other person. The Performance Deferred Stock Units subject to this Agreement represent only the Company’s unfunded and unsecured promise to issue Shares Stock to the Participant in the future. To the extent that the Participant or any other person acquires a right to receive payments from the Company pursuant to this Agreement, that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 7 contracts

Samples: Deferred Stock Unit Award Agreement (SYNAPTICS Inc), Deferred Stock Award Agreement (SYNAPTICS Inc), Deferred Stock Unit Award Agreement (SYNAPTICS Inc)

No Trust or Fund Created. Neither this Agreement nor the grant of this the Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company and the Participant or any other person. The Performance Restricted Stock Units subject to this Agreement represent only the Company’s unfunded and unsecured promise to issue Shares Stock to the Participant in the future. To the extent that the Participant or any other person acquires a right to receive payments from the Company pursuant to this Agreement, that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 5 contracts

Samples: Restricted Stock Award Agreement (YouChange Holdings Corp), Restricted Stock Unit Award Agreement (Smith & Wesson Holding Corp), Restricted Stock Unit Award Agreement (Smith & Wesson Holding Corp)

No Trust or Fund Created. Neither this Award Agreement nor the grant of this Award Restricted Stock hereunder 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. The Performance Stock Units subject to this Agreement represent only the Company’s unfunded and unsecured promise to issue Shares to the Participant in the future. To the extent that the Participant or any other person acquires a right to receive payments from the Company or any Affiliate pursuant to this Award Agreement, that such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 4 contracts

Samples: Restricted Stock Award Agreement (Gushen, Inc), Restricted Stock Award Agreement (Gushen, Inc), Restricted Stock Award Agreement (Gushen, Inc)

No Trust or Fund Created. Neither this Agreement nor the grant of this the Restricted Stock Unit Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company and the Participant or any other person. The Performance Restricted Stock Units subject to this Agreement represent only the Company’s unfunded and unsecured promise to issue Shares Stock to the Participant in the future. To the extent that the Participant or any other person acquires a right to receive payments from the Company pursuant to this Agreement, that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 3 contracts

Samples: Restricted Stock Unit Agreement (Brillian Corp), Restricted Stock Unit Agreement (Brillian Corp), Restricted Stock Unit Agreement (Brillian Corp)

No Trust or Fund Created. Neither this Agreement nor the grant of this Award the award of Restricted Stock Units shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company and the Participant Recipient or any other person. The Performance Restricted Stock Units subject to this Agreement represent only the Company’s unfunded and unsecured promise to issue Shares shares of Common Stock to the Participant Recipient in the future. To the extent that the Participant Recipient or any other person acquires a right to receive payments from the Company pursuant to this Agreement, that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Systemax Inc), Restricted Stock Unit Agreement (Systemax Inc)

No Trust or Fund Created. Neither this Agreement nor the grant of this the Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company and the Participant or any other person. The Performance Restricted Stock Units subject to this Agreement represent only the Company’s unfunded and unsecured promise to issue Shares shares of Common Stock to the Participant in the future. To the extent that the Participant or any other person acquires a right to receive payments shares of Common Stock from the Company pursuant to this Agreement, that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 2 contracts

Samples: Restricted Stock Unit Award Agreement (Ixys Corp /De/), Restricted Stock Unit Award Agreement (Ixys Corp /De/)

No Trust or Fund Created. Neither this Agreement nor the grant of this the Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company and the Participant or any other person. The Performance Stock Units subject to this Agreement represent only the Company’s unfunded and unsecured promise to issue Shares to the Participant in the future. To the extent that the Participant or any other person acquires a right to receive payments shares of Common Stock from the Company pursuant to this Agreement, that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Image Entertainment Inc), Restricted Stock Award Agreement (Image Entertainment Inc)

No Trust or Fund Created. Neither this Agreement nor the grant of this Award the Restricted Stock Unit award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company and the Participant or any other person. The Performance Restricted Stock Units subject to this Agreement represent only the Company’s unfunded and unsecured promise to issue Shares Common Stock to the Participant in the future. To the extent that the Participant or any other person acquires a right to receive payments from the Company pursuant to this Agreement, that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Main Street Restaurant Group, Inc.)

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No Trust or Fund Created. Neither this Agreement nor the grant of this the Award shall create or be construed to create a trust or separate separate; fund of any kind or a fiduciary relationship between the Company and the Participant or any other person. The Performance Restricted Stock Units subject to this Agreement represent only the Company’s unfunded and unsecured promise to issue Shares Stock to the Participant in the future. To the extent that the Participant or any other person acquires a right to receive payments from the Company pursuant to this Agreement, that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Restricted Stock Unit Grant (Marinemax Inc)

No Trust or Fund Created. Neither this Agreement nor the grant of this Award the award of Restricted Stock Units shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company and the Participant Recipient or any other person. The Performance Restricted Stock Units subject to this Agreement represent only the Company’s 's unfunded and unsecured promise to issue Shares shares of Common Stock to the Participant Recipient in the future. To the extent that the Participant Recipient or any other person acquires a right to receive payments from the Company pursuant to this Agreement, that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Employment Agreement (Systemax Inc)

No Trust or Fund Created. Neither this Agreement nor the grant of this Award the award of Restricted Stock Units shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company and the Participant Recipient or any other person. The Performance Restricted Stock Units subject to this Agreement represent only the Company’s unfunded and unsecured promise to issue Shares to the Participant Recipient in the future. To the extent that the Participant Recipient or any other person acquires a right to receive payments from the Company pursuant to this Agreement, that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Time Based Restricted Stock Unit Agreement (GLOBAL INDUSTRIAL Co)

No Trust or Fund Created. Neither this Agreement nor the grant of this the Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company and the Participant or any other person. The Performance Stock Units Deferred Shares subject to this Agreement represent only the Company’s unfunded and unsecured promise to issue Shares Common Stock to the Participant in the future. To the extent that the Participant or any other person acquires a right to receive payments from the Company pursuant to this Agreement, that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Deferred Share Award Agreement (CNL Hotels & Resorts, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of this the Award shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company and the Participant or any other person. The Performance Stock Units subject to this Agreement represent only the Company’s unfunded and unsecured promise to issue Shares Stock to the Participant in the future. To the extent that the Participant or any other person acquires a right to receive payments from the Company pursuant to this Agreement, that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Stock Unit Award Agreement (Gametech International Inc)

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