Common use of Rights of Creditors Clause in Contracts

Rights of Creditors. (a) This Agreement is unfunded. Neither the Director nor any other persons shall have any interest in any specific asset or assets of the Funds by reason of any Deferral Accounts hereunder, nor any rights to receive distribution of his Deferral Accounts except and as to the extent expressly provided hereunder. The Funds shall not be required to purchase, hold or dispose of any investments pursuant to this Agreement; however, if in order to cover their obligations hereunder the Funds elect to purchase any investments the same shall continue for all purposes to be a part of the general assets and property of the Funds, subject to the claims of their general creditors and no person other than the Funds shall by virtue of the provisions of this Agreement have any interest in such assets other than an interest as a general creditor. (b) The rights of the Director and the Beneficiaries to the amounts held in the Deferral Accounts are unsecured and shall be subject to the creditors of the Funds. With respect to the payment of amounts held under the Deferral Accounts, the Director and his Beneficiaries have the status of unsecured creditors of the Funds. This Agreement is executed on behalf of the Funds by an officer, or other representative, of the Funds as such and not individually. Any obligation of the Funds hereunder shall be an unsecured obligation of the Funds and not of any other person.

Appears in 39 contracts

Samples: Director Deferred Compensation Agreement (Aim Special Opportunities Funds), Director Deferred Compensation Agreement (Aim Treasurers Series Trust), Director Deferred Compensation Agreement (Tax Free Investments Co)

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Rights of Creditors. (a) This Agreement is unfundedan unfunded and non-qualified deferred compensation arrangement. Neither the Director Trustee nor any other persons shall have any interest in any specific asset or assets of the Funds a Fund by reason of any Deferral Accounts Account hereunder, nor any rights to receive distribution of his Deferral Accounts Account except as and as to the extent expressly provided hereunder. The Funds A Fund shall not be required to purchase, hold or dispose of any investments pursuant to this Agreement; however, if in order to cover their its obligations hereunder the Funds elect Fund elects to purchase any investments the same shall continue for all purposes to be a part of the general assets and property of the FundsFund, subject to the claims of their its general creditors and no person other than the Funds Fund shall by virtue of the provisions of this Agreement have any interest in such assets other than an interest as a general creditor. (b) The rights of the Director Trustee and the Beneficiaries to the amounts held in the Deferral Accounts Account are unsecured and shall be subject to the creditors of the Funds. With respect to the payment of amounts held under the Deferral AccountsAccount, the Director Trustee and his Beneficiaries have the status of unsecured creditors of the Funds. This Agreement is executed on behalf of the Funds Fund by an officer, or other representative, officer of the Funds a Fund as such and not individually. Any obligation of the Funds a Fund hereunder shall be an unsecured obligation of the Funds Fund and not of any other person.

Appears in 15 contracts

Samples: Deferred Compensation Plan (Evergreen Investment Trust), Deferred Compensation Plan Agreement (Evergreen International Trust), Deferred Compensation Plan (Keystone Tax Free Fund)

Rights of Creditors. (a) This Agreement is unfunded. Neither the Director Trustee nor any other persons shall have any interest in any specific asset or assets of the Funds Fund by reason of any Deferral Accounts Account hereunder, nor any rights to receive distribution of his the Deferral Accounts Account except and as to the extent expressly provided hereunder. The Funds Fund shall not be required to purchase, hold or dispose of any investments pursuant to this Agreement; however, if in order to cover their its obligations hereunder the Funds elect Fund elects to purchase any investments the same shall continue for all purposes to be a part of the general assets and property of the FundsFund, subject to the claims of their its general creditors and no person other than the Funds Fund shall by virtue of the provisions of this Agreement have any interest in such assets other than an interest as a general creditor. (b) The rights of the Director Trustee and the Beneficiaries to the amounts held in the Deferral Accounts Account are unsecured and shall be subject to the creditors of the FundsFund. With respect to the payment of amounts held under the Deferral AccountsAccount, the Director Trustee and his the Beneficiaries have the status of unsecured creditors of the FundsFund. This Agreement is executed on behalf of the Funds Fund by an officer, or other representative, officer of the Funds Fund as such and not individually. Any obligation of the Funds Fund hereunder shall be an unsecured obligation of the Funds Fund and not of any other person.

Appears in 13 contracts

Samples: Deferred Compensation Agreement (Van Kampen Tax Exempt Trust), Deferred Compensation Agreement (Explorer Institutional Trust), Deferred Compensation Agreement (Van Kampen Harbor Fund)

Rights of Creditors. (a) This Agreement is unfunded. Neither the Director Trustee nor any other persons shall have any interest in any specific asset or assets of any Fund or any Fund in the Invesco Funds Complex by reason of any Deferral Accounts hereunder, nor any rights to receive distribution of his any Deferral Accounts except and as to the extent expressly provided hereunder. The Funds shall not be required to purchase, hold or dispose of any investments pursuant to this Agreement; however, if in order to cover their obligations hereunder the Funds elect to purchase any investments the same shall continue for all purposes to be a part of the general assets and property of the respective series of the Funds, subject to the claims of their general creditors and no person other than the Funds and their respective series shall by virtue of the provisions of this Agreement have any interest in such assets other than an interest as a general creditor. (b) This Agreement is made by and between the Trustee and each Fund, individually and not jointly. The rights of the Director Trustee and the Beneficiaries to the amounts held in the Deferral Accounts are separate unsecured general obligations of each of the Funds obligated to pay deferred compensation to the Trustee and shall be subject to the creditors of the Fundsrespective Fund. With respect to The Plan Administrator shall maintain records that separately identify the payment obligation of amounts held each Fund under the Deferral Accounts, the Director and his Beneficiaries have the status of unsecured creditors of the Funds. this Agreement. (c) This Agreement is executed on behalf of the Funds by an officer, or other representative, of the Funds as such and not individually. Any obligation of the Funds hereunder shall be an unsecured obligation of the Funds and not of any other person.

Appears in 12 contracts

Samples: Trustee Deferred Compensation Agreement (Invesco High Income 2024 Target Term Fund), Trustee Deferred Compensation Agreement (Invesco High Income 2023 Target Term Fund), Trustee Deferred Compensation Agreement (Aim Treasurers Series Trust (Invesco Treasurer's Series Trust))

Rights of Creditors. (a) This All amounts payable in accordance with this Agreement is unfunded. Neither and the Director nor any other persons Plan shall have any interest in any specific asset or assets constitute a general unsecured obligation of the Funds by reason of any Deferral Accounts hereunder, nor any rights to receive distribution of his Deferral Accounts except and as to the extent expressly provided hereunderFunds. The Funds shall not be required are under no obligation to purchasetransfer the Trustee’s Compensation Deferrals to any investment, hold trust or dispose escrow account, and the Funds are under no obligation to secure amounts credited to the Trustee’s Deferral Account by any specific assets of any investments pursuant to this Agreement; however, if Fund or other assets in order to cover their obligations hereunder which any Fund has an interest. If the Funds elect to purchase any investments the same in order to cover their obligations under this Agreement, such investments shall continue for all purposes to be considered a part of the general assets and property of the Funds, Funds and subject to the claims of their general creditors and no person other than the Funds shall by virtue of the provisions of this Agreement have any interest in such assets other than an interest as a general creditorcreditors. (b) The rights of the Director and the Beneficiaries to the amounts held in the Deferral Accounts are unsecured and shall be subject to the creditors of the Funds. With respect to the payment of amounts held under the Deferral Accounts, the Director Trustee and his Beneficiaries have the status of unsecured creditors of the FundsFunds with respect to the distribution of the Trustee’s Deferral Account. Except to the extent expressly provided under Section 4 above, neither the Trustee nor his Beneficiaries shall have any rights to receive a distribution of the Deferral Account. (c) This Agreement is executed on behalf of the Funds by an officer, or other representative, officer of the Funds as such and not individually. Any obligation of the Funds any Fund hereunder shall be an unsecured obligation of the Funds Fund and not of any other person.

Appears in 4 contracts

Samples: Deferred Compensation Agreement (Columbia Funds Series Trust Ii), Deferred Compensation Agreement (Columbia Funds Variable Insurance Trust I), Deferred Compensation Agreement (Columbia Funds Master Investment Trust, LLC)

Rights of Creditors. (a) This Agreement is unfundedunfunded and is not creating a Trust. Neither the Director nor not any other persons shall have any interest in any specific asset or assets of the Funds any Fund by reason of any Deferral Accounts Account hereunder, nor any rights to receive distribution of his Deferral Accounts except Account except, and as to the extent extent, expressly provided hereunder. The Funds shall not be required to purchase, hold or dispose of any investments pursuant to this Agreement; however, if in order to cover their obligations its obligation hereunder the Funds elect a Fund elects to purchase any investments the same shall continue for all purposes to be a part of the general assets and property of the Fundsthat Fund, subject to the claims of their its general creditors and no person other than the Funds that Fund shall by be virtue of the provisions of this Agreement have any interest in such assets other than an interest as a general creditor. (b) The rights of the Director and the Beneficiaries to the amounts held in the Deferral Accounts Account are unsecured and shall be subject to the claims of creditors of the Funds. With respect to the payment of amounts held under the Deferral AccountsAccount, the Director and his Beneficiaries have the status of unsecured creditors of the Funds. This Agreement is executed on behalf of the Funds by an officer, or other representative, officer of the Funds Fund as such and not individually. Any obligation of the Funds Fund hereunder shall be an unsecured obligation of the Funds Fund and not of any other person.

Appears in 3 contracts

Samples: Deferred Compensation Agreement (Oppenheimer High Yield Fund Inc), Deferred Compensation Agreement (Oppenheimer Quest for Value Funds), Deferred Compensation Agreement (Oppenheimer Gold & Special Minerals Fund)

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Rights of Creditors. (a) This Agreement is unfunded. Neither the Director Trustee nor any other persons shall have any interest in any specific asset or assets of any Fund or any Fund in the AIM Funds Complex by reason of any Deferral Accounts hereunder, nor any rights to receive distribution of his any Deferral Accounts except and as to the extent expressly provided hereunder. The Funds shall not be required to purchase, hold or dispose of any investments pursuant to this Agreement; however, if in order to cover their obligations hereunder the Funds elect to purchase any investments the same shall continue for all purposes to be a part of the general assets and property of the respective series of the Funds, subject to the claims of their general creditors and no person other than the Funds and their respective series shall by virtue of the provisions of this Agreement have any interest in such assets other than an interest as a general creditor. (b) This Agreement is made by and between the Trustee and each Fund, individually and not jointly. The rights of the Director Trustee and the Beneficiaries to the amounts held in the Deferral Accounts are separate unsecured general obligations of each of the Funds obligated to pay deferred compensation to the Trustee and shall be subject to the creditors of the Fundsrespective Fund. With respect to The Plan Administrator shall maintain records that separately identify the payment obligation of amounts held each Fund under the Deferral Accounts, the Director and his Beneficiaries have the status of unsecured creditors of the Funds. this Agreement. (c) This Agreement is executed on behalf of the Funds by an officer, or other representative, of the Funds as such and not individually. Any obligation of the Funds hereunder shall be an unsecured obligation of the Funds and not of any other person.

Appears in 2 contracts

Samples: Trustee Deferred Compensation Agreement (Aim International Mutual Funds), Trustee Deferred Compensation Agreement (Aim Treasurers Series Trust)

Rights of Creditors. (a) This Agreement is unfundedan unfunded and nonqualified deferred compensation arrangement. Neither the Director Trustee nor any other persons shall have any interest in any specific asset or assets of the Funds Trust by reason of any Deferral Accounts Account hereunder, nor any rights to receive distribution of his Deferral Accounts Account except as and as to the extent expressly provided hereunder. The Funds Trust shall not be required to purchase, hold or dispose of any investments pursuant to this Agreement; however, if in order to cover their its obligations hereunder the Funds elect Trust elects to purchase any investments the same shall continue for all purposes to be a part of the general assets and property of the FundsTrust, subject to the claims of their its general creditors and no person other than the Funds Trust shall by virtue of the provisions of this Agreement have any interest in such assets other than an interest as a general creditor. (b) The rights of the Director Trustee and the Beneficiaries to the amounts held in the Deferral Accounts Account are unsecured and shall be subject to the creditors of the FundsTrust. With respect to the payment of amounts held under the Deferral AccountsAccount, the Director Trustee and his Beneficiaries have the status of unsecured creditors of the FundsTrust. This Agreement is executed on behalf of the Funds Trust by an officer, or other representative, officer of the Funds Trust as such and not individually. Any obligation of the Funds Trust hereunder shall be an unsecured obligation of the Funds Trust and not of any other person.

Appears in 1 contract

Samples: Deferred Compensation Plan (Met Investors Series Trust)

Rights of Creditors. (a) This Agreement is unfunded. Neither the Director Trustee nor any other persons shall have any interest in any specific asset or assets of the Trust or its Funds by reason of any Deferral Accounts Account hereunder, nor any rights to receive distribution of his or her Deferral Accounts Account except and as to the extent expressly provided hereunder. The Funds shall not be required to purchase, hold or dispose of any investments pursuant to this Agreement; however, if in order to cover their obligations hereunder the Funds elect to purchase any investments the same shall continue for all purposes to be a part of the general assets and property of the Funds, subject to the claims of their general creditors and no person other than the Funds shall by virtue of the provisions of this Agreement have any interest in such assets other than an interest as a general creditor. (b) The rights of the Director Trustee and the Beneficiaries to the amounts held in the Deferral Accounts Account are unsecured and shall be subject to the creditors of the Funds. With respect to the payment of amounts held under the Deferral AccountsAccount, the Director Trustee and his Beneficiaries have the status of unsecured creditors of the Funds. This Agreement is executed on behalf of the Funds Trust by an officer, or other representative, of the Funds Trust as such and not individually. Any obligation of the Funds hereunder shall be an unsecured obligation of the Funds and not of any other person.

Appears in 1 contract

Samples: Deferred Compensation Agreement (Deutsche Asset Management)

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