Source of Payment. All payments provided for under this Agreement shall be paid in cash from the general funds of the Company, and no special or separate fund shall be established, and no other segregation of assets shall be made to assure payment, except as provided to the contrary in funded benefits plans. Employee shall have no right, title or interest whatsoever in or to any investments that the Company may make to aid the Company in meeting its obligations hereunder. Nothing contained herein, and no action taken pursuant to the provisions hereof, shall create or be construed to create a trust of any kind or a fiduciary relationship between the Company and Employee or any other person. To the extent that any person acquires a right to receive payments from the Company hereunder, such right shall be no greater than the right of an unsecured creditor of the Company.
Appears in 16 contracts
Samples: Change in Control Agreement (First Charter Corp /Nc/), Change in Control Agreement (First Charter Corp /Nc/), Change in Control Agreement (TSB Financial CORP)
Source of Payment. All payments provided for under this Agreement shall be paid in cash from the he general funds of the Company, and no special or separate fund shall be established, and no other segregation of assets shall be made to assure payment, except as provided to the contrary in funded benefits plans. Employee shall have no right, title or interest whatsoever in or to any investments that the Company may make to aid the Company in meeting its obligations hereunder. Nothing contained herein, and no action taken pursuant to the provisions hereof, shall create or be construed to create a trust of any kind or a fiduciary relationship between the Company and Employee or any other person. To the extent that any person acquires a right to receive payments from the Company hereunder, such right shall be no greater than the right of an unsecured creditor of the Company.
Appears in 3 contracts
Samples: Change in Control Agreement (TSB Financial CORP), Change in Control Agreement (TSB Financial CORP), Change in Control Agreement (TSB Financial CORP)
Source of Payment. All payments payment provided for under in this Agreement shall be paid in cash from the general funds of the Company, and no special or separate fund funds shall be established, established and no other segregation of assets shall be made to assure payment, except as provided to the contrary in funded benefits planspayments. Employee shall have no right, title title, or interest whatsoever whatever in or to any investments that which the Company may make to aid the Company in meeting its obligations hereunder. Nothing contained hereinin this Agreement, and no action taken pursuant to the provisions hereofthis provision, shall create or be construed to create a trust of any kind kind, or a fiduciary relationship relationship, between the Company and Employee or any other person. To the extent that any person acquires a right to receive payments from the Company hereunder, such right shall be no greater than the right of an unsecured creditor of the Company.
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