Status of Plan. With respect to the portion of any Award that has not been exercised and any payments in cash, Stock or other consideration not received by a grantee, a grantee shall have no rights greater than those of a general creditor of the Company unless the Administrator shall otherwise expressly determine in connection with any Award or Awards. In its sole discretion, the Administrator may authorize the creation of trusts or other arrangements to meet the Company’s obligations to deliver Stock or make payments with respect to Awards hereunder, provided that the existence of such trusts or other arrangements is consistent with the foregoing sentence.
Status of Plan. This Award Agreement is made pursuant to the provisions of the Plan. The Plan is incorporated herein and a copy is attached as Exhibit B. In the event of any conflict between the provisions of the Plan and this Award Agreement, the provisions of the Plan control.
Status of Plan. The Plan is intended to be a plan that is not qualified within the meaning of section 401(a) of the Code and that “is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees” within the meaning of sections 201(2), 301(a)(3) and 401(a)(1)
Status of Plan. (a) Status under ERISA. The Plan is an unfunded plan maintained primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees within the meaning of Sections 201(2), 301(a)(3) and 401(a)(1) of Title I of the Employee Retirement Income Security Act of 1974, as amended.
Status of Plan. The Plan is intended to be "a plan that is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of Management or highly compensated employees" within the meaning of Sections 201(2) and 301 (a) (3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), and shall be interpreted and administered to the extent possible in a manner consistent with that intent.
Status of Plan. The terms of the Plan are incorporated by reference into, and made part of, this Award Agreement. In the event of a conflict between the Plan and this Award Agreement, the terms of the Plan shall govern.
Status of Plan. Notwithstanding any provision of the Plan to the contrary, for all periods on or after the Effective Date, amounts allocated to the Qualifying Employer Securities Fund, from time to time, shall be deemed to constitute a stock bonus plan that is designated as an employee stock ownership plan within the meaning of Code Section 4975(e)(7), the assets of which are invested primarily or solely in Qualifying Employer Securities.
Status of Plan. Plan Sponsor represents and warrants that the Plan is a Non-ERISA Plan at all times during the term of this Agreement; provided that, if Plan Sponsor takes any action to subject the Plan to ERISA or otherwise discovers that the Plan is not a Non-ERISA Plan, Plan Sponsor will notify the Company in writing prior to taking such action (or within three business days of such discovery, if applicable) and the Parties will enter into good faith negotiations to amend the terms of this Agreement, including any attachments or schedules thereto, as necessary or appropriate in light of the Plan becoming subject to ERISA.
Status of Plan. The Plan is intended to be an unfunded plan maintained by the Company "primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees" within the meaning of Sections 201(2), 301(a)(3) and 401(a)(1) of ERISA, and the Plan shall be interpreted and administered consistent with this intent.
Status of Plan. Notwithstanding any provision of the Plan to the contrary, amounts allocated to the Qualifying Employer Securities Fund, from time to time, shall be deemed to constitute a stock bonus plan that is designated as an employee stock ownership plan (“ESOP”) within the meaning of Section 4975(e)(7) of the Code, the assets of which are invested primarily or solely in Qualifying Employer Securities. Participants shall at all times have the right to diversify shares in the Qualifying Employer Securities Fund that are allocated to their accounts, by directing that such shares be invested in other investment funds under the Plan as provided for under Section 21.09.
