Common use of No Trust or Fund Created Clause in Contracts

No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 62 contracts

Samples: Consultant Agreement (Surgalign Holdings, Inc.), Restricted Stock Agreement (Hanmi Financial Corp), Employment Agreement (Mednax, Inc.)

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No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 15 contracts

Samples: Restricted Stock Agreement (Vocus, Inc.), Restricted Stock Agreement (Reven Housing REIT, Inc.), Restricted Stock Agreement (Reven Housing REIT, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity Subsidiary and the Recipient Grantee or any other person. To the extent that the Recipient Grantee or any other person acquires a right to receive payments from the Company or any Related Entity Subsidiary pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 10 contracts

Samples: Restricted Stock Agreement (Wellcare Health Plans, Inc.), Restricted Stock Agreement (Wellcare Health Plans, Inc.), Restricted Stock Agreement (Wellcare Health Plans, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity Subsidiary and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity Subsidiary pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 9 contracts

Samples: Restricted Stock Agreement (Mastec Inc), Restricted Stock Agreement (Mastec Inc), Restricted Stock Agreement (Mastec Inc)

No Trust or Fund Created. Neither this Agreement nor the grant of Shares of 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 Related Entity and the Recipient Participant or any other person. To the extent that the Recipient Participant or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 7 contracts

Samples: Restricted Stock Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Restricted Stock Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Restricted Stock Agreement (Industrial Income Trust Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant grants of 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 Related Entity and the Recipient Grantee or any other person. To the extent that the Recipient Grantee or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 7 contracts

Samples: Restricted Stock Agreement (Freedom Leaf Inc.), Restricted Stock Agreement (Freedom Leaf Inc.), Restricted Stock Agreement (Freedom Leaf Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 7 contracts

Samples: Restricted Stock Agreement (Regent Technologies Inc), Restricted Stock Agreement (Atomera Inc), Restricted Stock Agreement (Entertainment Gaming Asia Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Stock Units 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 5 contracts

Samples: Restricted Stock Unit Agreement (Surgalign Holdings, Inc.), Stock Option Agreement, Restricted Stock Unit (Lifelock, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Stock Units 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 Related Entity of its Subsidiaries and the Recipient Grantee or any other person. To the extent that the Recipient Grantee or any other person acquires a right to receive payments from the Company or any Related Entity of its Subsidiaries pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 4 contracts

Samples: Restricted Stock Unit Agreement (Wellcare Health Plans, Inc.), Restricted Stock Unit Agreement (Wellcare Health Plans, Inc.), Restricted Stock Unit Agreement (Wellcare Health Plans, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity of its Subsidiaries and the Recipient Grantee or any other person. To the extent that the Recipient Grantee or any other person acquires a right to receive payments from the Company or any Related Entity of its Subsidiaries pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 4 contracts

Samples: Restricted Stock Agreement (Wellcare Health Plans, Inc.), Restricted Stock Unit Agreement (Wellcare Health Plans, Inc.), Restricted Stock Unit Agreement (Wellcare Health Plans, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity subsidiary and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity subsidiary pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 4 contracts

Samples: Federated National Holding Co, Restricted Stock Agreement (CLS Holdings USA, Inc.), Federated National Holding Co

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Stock Share Units 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 3 contracts

Samples: Restricted Shares Units Agreement (Mednax, Inc.), Shares Units Agreement (Pediatrix Medical Group Inc), Shares Units Agreement (Pediatrix Medical Group Inc)

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Stock hereunder made pursuant to 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 3 contracts

Samples: Award Agreement (Arvinas Holding Company, LLC), Award Agreement (Arvinas Holding Company, LLC), Restricted Stock Unit Agreement (Roadrunner Transportation Systems, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity Affiliate and the Recipient Grantee or any other person. To the extent that the Recipient Grantee or any other person acquires a right to receive payments from the Company or any Related Entity Affiliate pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 2 contracts

Samples: Restricted Stock Agreement (Keenan D Michael), Restricted Stock Agreement (Global Telecom & Technology, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Stock Subject Shares 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 Related Entity and the Recipient Executive or any other person. To the extent that the Recipient Executive or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 2 contracts

Samples: Stock Agreement (Strategic American Oil Corp), Stock Agreement (Strategic American Oil Corp)

No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity Company and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity Company pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 2 contracts

Samples: Restricted Stock Agreement (Mastec Inc), Restricted Stock Agreement (Mastec Inc)

No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity and the Recipient Holder or any other person. To the extent that the Recipient Holder or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such 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 (Century Communities, Inc.), Restricted Stock Award Agreement (Century Communities, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of Shares of [Restricted Stock Stock] {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 Related Entity and the Recipient Participant or any other person. To the extent that the Recipient Participant or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 2 contracts

Samples: Industrial Income Trust Inc., Industrial Property Trust Inc.

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Stock hereunder Shares shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Related Entity and the Recipient Employee or any other person. To the extent that the Recipient Employee or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 2 contracts

Samples: Restricted Stock Agreement (Steelcloud Inc), Restricted Stock Agreement (Miracom Corp)

No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity Company-related entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity Company-related entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Stand Alone Restricted Stock Agreement (Surgalign Holdings, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of ------------------------ 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Restricted Stock Agreement (Barpoint Com Inc)

No Trust or Fund Created. Neither this Agreement nor the grant ------------------------ of 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Restricted Stock Agreement (Barpoint Com Inc)

No Trust or Fund Created. Neither this Agreement nor the grant of shares of 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Restricted Stock Agreement (Equity One, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Stock hereunder Units shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Related Entity its Affiliates and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity its Affiliates pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the CompanyCompany or its Affiliates, as applicable.

Appears in 1 contract

Samples: C Unit Award Agreement (Playbutton Acquisition Corp.)

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No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Deferred 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 Related Entity and the Recipient Participant or any other person. To the extent that the Recipient Participant or any other person acquires a right to receive MIA 185228729v3 payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Destination Xl Group, Inc.

No Trust or Fund Created. Neither this Agreement nor the grant award of 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Surna Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity and the Recipient Xx. Xxxxx or any other person. To the extent that the Recipient Xx. Xxxxx or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Restricted Stock Agreement (ABC Funding, Inc)

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Stock Shares 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Restricted Shares Award Agreement (Correctional Properties Trust)

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Stock hereunder Shares shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company or any Related Entity and the Recipient Grantee or any other person. To xxxxxx.Xx the extent that the Recipient Grantee or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Restricted Stock Agreement (China VTV LTD)

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Deferred Stock Units 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 Related Entity of its Subsidiaries and the Recipient Grantee or any other person. To the extent that the Recipient Grantee or any other person acquires a right to receive payments from the Company or any Related Entity of its Subsidiaries pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Deferred Stock Unit Agreement (Wellcare Health Plans, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Stock hereunder made pursuant to 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 Related Entity and the Recipient or any other personPerson. To the extent that the Recipient or any other person Person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.. (e)

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Roadrunner Transportation Systems, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Stock hereunder made pursuant to 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 Related Entity and the Recipient or any other personPerson. To the extent that the Recipient or any other person Person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Performance Restricted Stock Unit Agreement (Roadrunner Transportation Systems, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity Affiliate and the Recipient Grantee, Employee or any other person. To the extent that the Recipient Grantee, Employee or any other person acquires a right to receive payments from the Company or any Related Entity Affiliate pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Restricted Stock Agreement (Thompson H Brian)

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Deferred 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Deferred Stock Agreement (Consonus Technologies, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Restricted Stock Agreement (Cragar Industries Inc /De)

No Trust or Fund Created. Neither this Agreement nor the grant of 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 Related Entity and the Recipient Employee or any other person. To the extent that the Recipient Employee or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Restricted Stock Agreement (Steelcloud Inc)

No Trust or Fund Created. Neither this Agreement nor the grant of Shares of 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Restricted Stock Agreement (Destination Xl Group, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Stock Units 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 Related Entity and the Recipient or any other person. To the extent that the Recipient or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such 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 (Vocus, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of Restricted Shares of 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 Related Entity and the Recipient Participant or any other person. To the extent that the Recipient Participant or any other person acquires a right to receive payments from the Company or any Related Entity pursuant to this Agreement, such right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 1 contract

Samples: Stock Grant Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.)

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