Common use of No Trust or Fund Created Clause in Contracts

No Trust or Fund Created. Neither the Plan nor 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 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 creditor of the Company or any Affiliate.

Appears in 3 contracts

Samples: Stock Appreciation Rights Agreement (Irvine Sensors Corp/De/), Stock Appreciation Rights Agreement (Irvine Sensors Corp/De/), Stock Appreciation Rights Agreement (SoftBrands, Inc.)

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No Trust or Fund Created. Neither the Plan nor this This Agreement shall not create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between you or any other Person and the Company or any Affiliate and Participant or any other personAffiliate. To the extent that any Person 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 general unsecured creditor of the Company or any Affiliate.

Appears in 3 contracts

Samples: Executive Employment Agreement (Seaspan CORP), Stock Appreciation Rights Agreement (Seaspan CORP), Stock Appreciation Rights Agreement (Seaspan CORP)

No Trust or Fund Created. Neither the Plan nor this 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 Unit Award Agreement (Rochester Medical Corporation), Restricted Stock Award Agreement (Rochester Medical Corporation), Restricted Stock Award Agreement (Rochester Medical Corporation)

No Trust or Fund Created. Neither the This Plan nor this Agreement shall not 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 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 affiliate pursuant to an Awardthis Plan, such right shall be no greater than the right of any unsecured general creditor of the Company or of any Affiliateaffiliate.

Appears in 2 contracts

Samples: 1997 Stock Option Plan (Exide Corp), 1997 Stock Option Plan (Exide Corp)

No Trust or Fund Created. Neither the Plan nor 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 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 2 contracts

Samples: Incentive Stock Option Agreement (Rochester Medical Corporation), Non Incentive Stock Option Agreement (Rochester Medical Corporation)

No Trust or Fund Created. Neither the Plan nor this 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 personPerson. To the extent that any Person Participant 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 1 contract

Samples: Restricted Stock Award Agreement (Rochester Medical Corporation)

No Trust or Fund Created. Neither the Plan nor 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 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 1 contract

Samples: Restricted Stock Agreement (Kodiak Oil & Gas Corp)

No Trust or Fund Created. Neither the Plan nor this 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: Directors’ Non Incentive Stock Option Agreement (Kodiak Oil & Gas Corp)

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No Trust or Fund Created. Neither the Plan nor 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 and Participant or any other personPerson. To the extent that any Person Participant 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 1 contract

Samples: Non Incentive Stock Option Agreement (Rochester Medical Corporation)

No Trust or Fund Created. Neither the Plan nor 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 and Participant Employee 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 AwardAgreement, 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: Stock Appreciation Rights Agreement (Apogee Enterprises Inc)

No Trust or Fund Created. Neither the Plan nor 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 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 a Award, such right shall be no greater than the right of any unsecured creditor of the Company or any Affiliate.

Appears in 1 contract

Samples: Performance Cash Bonus Award Agreement (U.S. Auto Parts Network, Inc.)

No Trust or Fund Created. Neither the Plan nor 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 creditor of the Company or any AffiliateSubsidiary.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Lawson Software, Inc.)

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