Common use of No Trust or Fund Created Clause in Contracts

No Trust or Fund Created. Neither this Agreement nor the grant of RSUs 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 27 contracts

Samples: Restricted Stock Unit Agreement (Quest Resource Holding Corp), Incentive Compensation Plan (Appgate, Inc.), Restricted Stock Unit Agreement (APi Group Corp)

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No Trust or Fund Created. Neither this Agreement nor the grant of RSUs 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 6 contracts

Samples: Employment Agreement (Destination Xl Group, Inc.), Destination Xl Group, Inc., Destination Xl Group, Inc.

No Trust or Fund Created. Neither this Agreement nor the grant of RSUs PSUs 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 2 contracts

Samples: Performance Based Rsu Award Agreement (ARKO Corp.), Restricted Stock Unit Agreement (APi Group Corp)

No Trust or Fund Created. Neither this Agreement nor the grant of the RSUs 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. The payments subject to this Agreement represent only the Company's unfunded and unsecured promise. 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 that right shall be no greater than the right of any unsecured general creditor of the Company.

Appears in 2 contracts

Samples: Key Employee Sale Bonus Cancellation Agreement (Directed Electronics, Inc.), Cancellation Agreement (Directed Electronics, Inc.)

No Trust or Fund Created. Neither this Agreement nor the grant of RSUs 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 2 contracts

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

No Trust or Fund Created. Neither this Agreement nor the grant of RSUs RSAs 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 (Lifelock, Inc.)

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No Trust or Fund Created. Neither this Agreement nor the grant of RSUs DSUs 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: Unit Agreement (Quest Resource Holding Corp)

No Trust or Fund Created. Neither this Agreement nor the grant of RSUs hereunder shall create or be construed to create a trust or separate fund of any kind or a fiduciary relationship between the Company Corporation or any Related Entity Affiliate 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 Corporation 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 CompanyCorporation.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (VBI Vaccines Inc/Bc)

No Trust or Fund Created. Neither this Agreement nor the grant of RSUs 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 1 contract

Samples: 2019 Stock Incentive Plan (PASSUR Aerospace, Inc.)

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