Common use of SARs Not Funded Clause in Contracts

SARs Not Funded. SARs payable under this Award Agreement will be paid from the general assets of the Corporation, and no special or separate reserve, fund or deposit will be made to assure payment of the SARs. Neither this Award Agreement nor any action taken pursuant to the provisions of this Award Agreement will create, or be construed to create, a trust of any kind or a fiduciary relationship between the Corporation and Grantee (or any other person). To the extent that Grantee (or any permitted transferee) acquires a right to receive payment pursuant to any SAR hereunder, such right will be no greater than the right of any unsecured general creditor of the Corporation.

Appears in 3 contracts

Samples: Incentive Stock Option Agreement (Giant Interactive Group Inc.), Employee Share Option Agreement (Acorn International, Inc.), Share Appreciation Rights Award Agreement (Lions Gate Entertainment Corp /Cn/)

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SARs Not Funded. SARs payable under this Award Agreement will be paid from the general assets of the CorporationCompany, and no special or separate reserve, fund or deposit will be made to assure payment of the SARs. Neither this Award Agreement nor any action taken pursuant to the provisions of this Award Agreement will create, or be construed to create, a trust of any kind or a fiduciary relationship between the Corporation Company and Grantee (or any other person). To the extent that Grantee (or any permitted transferee) acquires a right to receive payment pursuant to any SAR hereunder, such right will be no greater than the right of any unsecured general creditor of the CorporationCompany.

Appears in 1 contract

Samples: Stock Appreciation Rights Award Agreement (Overland Storage Inc)

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SARs Not Funded. SARs payable under this Award Agreement will be paid from the general assets of the Corporation, and no special or separate reserve, fund or deposit will be made to assure payment of the SARs. Neither this Award Agreement nor any action taken pursuant to the provisions of this Award Agreement will create, or be construed to create, a trust of any kind or a fiduciary relationship between the Corporation and the Grantee (or any other person). To the extent that the Grantee (or any permitted transferee) acquires a right to receive payment pursuant to any SAR hereunder, such right will be no greater than the right of any unsecured general creditor of the Corporation.

Appears in 1 contract

Samples: Stock Appreciation Rights Award Agreement (Apria Healthcare Group Inc)

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