No Trust or Fund Created. 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 and a Grantee or any other Person. To the extent that any Person acquires a right to receive payments from the Company or any Affiliates pursuant to this Agreement, such right shall be no greater than the right of any general unsecured creditor of the Company or any Affiliate.
Appears in 17 contracts
Samples: Independence Contract (Independence Contract Drilling, Inc.), Independence Contract (Independence Contract Drilling, Inc.), Independence Contract (Independence Contract Drilling, Inc.)
No Trust or Fund Created. This Neither the 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 and a Grantee Participant or any other Personperson. To the extent that any Person acquires a right to receive payments from the Company or any Affiliates Affiliate pursuant to this Agreementa Stock Award, such right shall be no greater than the right of any general unsecured creditor of the Company or any Affiliate.
Appears in 10 contracts
Samples: Restricted Stock Unit Award Agreement (Cyberoptics Corp), Employment Agreement (Cyberoptics Corp), Performance Restricted Stock Unit Award Agreement (U.S. Auto Parts Network, Inc.)
No Trust or Fund Created. 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 and a Grantee or any other Person. To the extent that any Person acquires a right to receive payments from the Company or any Affiliates pursuant to this Agreement, such right shall be no greater than the right of any general unsecured creditor of the Company or any Affiliate.. (j)
Appears in 10 contracts
Samples: Award Agreement (Independence Contract Drilling, Inc.), Award Agreement (Independence Contract Drilling, Inc.), Independence Contract (Independence Contract Drilling, Inc.)
No Trust or Fund Created. 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 and a Grantee an Optionee or any other Person. To the extent that any Person acquires a right to receive payments from the Company or any Affiliates pursuant to this Agreementan Award, such right shall be no greater than the right of any general unsecured creditor of the Company or any Affiliate.
Appears in 7 contracts
Samples: Nonqualified Stock Option Agreement (Basic Energy Services Inc), Nonqualified Stock Option Agreement (Basic Energy Services Inc), Nonqualified Stock Option Agreement (Basic Energy Services Inc)
No Trust or Fund Created. 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 and a Grantee or any other Person. To the extent that any Person acquires a right to receive payments from the Company or any Affiliates pursuant to this Agreementan Award, such right shall be no greater than the right of any general unsecured creditor of the Company or any Affiliate.
Appears in 5 contracts
Samples: Restricted Stock Grant Agreement (Basic Energy Services Inc), Restricted Stock Grant Agreement (Basic Energy Services Inc), Restricted Stock Grant Agreement (Basic Energy Services Inc)
No Trust or Fund Created. This Neither the 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 and a Grantee Participant or any other Personperson. To the extent that any Person acquires a right to receive payments from the Company or any Affiliates Affiliate pursuant to this Agreementan Award, 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: Irvine Sensors Corporation Stock Appreciation Rights Agreement (Irvine Sensors Corp/De/), Stock Appreciation Rights Agreement (SoftBrands, Inc.), Stock Appreciation Rights Agreement (Irvine Sensors Corp/De/)
No Trust or Fund Created. 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 a Grantee or any other PersonAffiliate. To the extent that any Person acquires a right to receive payments from the Company or any Affiliates Affiliate pursuant to this 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: Employment Agreement (Seaspan CORP), Employment Agreement (Seaspan CORP), Employment Agreement (Seaspan CORP)
No Trust or Fund Created. This Neither the 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 and a Grantee Employee or any other Person. To the extent that any Person Employee acquires a right to receive payments from the Company or any Affiliates Affiliate pursuant to this Agreement, such right shall be no greater than the right of any unsecured general unsecured creditor of the Company or any Affiliate.
Appears in 2 contracts
Samples: Non Incentive Stock Option Agreement (Rochester Medical Corporation), Incentive Stock Option Agreement (Rochester Medical Corporation)
No Trust or Fund Created. This Neither the 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 and a Grantee Participant or any other Personperson. To the extent that any Person acquires a right to receive payments from the Company or any Affiliates Affiliate pursuant to this Agreementa Award, such right shall be no greater than the right of any general 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. This Neither the 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 and a Grantee Employee or any other Personperson. To the extent that any Person person acquires a right to receive payments from the Company or any Affiliates Affiliate pursuant to this an Agreement, such right shall be no greater than the right of any unsecured general unsecured creditor of the Company or any Affiliate.
Appears in 1 contract
Samples: Stock Appreciation Rights Agreement (Apogee Enterprises Inc)
No Trust or Fund Created. This Neither the 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 and a Grantee Participant or any other Personperson. To the extent that any Person acquires a right to receive payments from the Company or any Affiliates Affiliate pursuant to this Agreementan Award, such right shall be no greater than the right of any unsecured general unsecured creditor of the Company or any Affiliate.
Appears in 1 contract
