The Plan is intended to be an unfunded plan. The Company shall not be required to establish or fund any special or separate account or to make any other segregation of assets to assure the payment of any Award under the Plan. Participant are and shall at all times be general creditors of the Company with respect to their Awards. If the Administrator or the Company chooses to set aside fund in a trust or otherwise for the payment of Awards under the Plan, such funds shall at all times be subject to the claims of the creditors of the Company in the event of its bankruptcy or insolvency.

Unfunded Plan. The Plan is intended toshall be an unfunded plan. Theand the Company shall not be required to establishsegregate any assets that may at any time be represented by Awards under the Plan. Neither the Company, its Subsidiaries, the Committee, nor the Board shall be deemed to be a trustee of any amounts to be paid under the Plan nor shall anything contained in the Plan or fund any specialaction taken pursuant to its provisions create or separate account be construed to create a fiduciary relationship between the Company and/or its Subsidiaries, and a Participant. To the extent any person has or acquires a right to make any other segregation of assets to assure thereceive a payment of anyin connection with an Award under the Plan. Participant are andPlan, this right shall at all times be no greater than the right of an unsecured general creditorscreditor of the Company with respect to their Awards. If the Administrator or the Company chooses to set aside fund in a trust or otherwise for the payment of Awards under the Plan, such funds shall at all times be subject to the claims of the creditors of the Company in the event of its bankruptcy or insolvency. Company.

TheThis Plan is intendedshall be unfunded. Although bookkeeping accounts may be established with respect to participants who are granted Awards under this Plan, any such accounts will be an unfunded plan.used merely as a bookkeeping convenience. The Company shall not be required to establishsegregate any assets which may at any time be represented by Awards, nor shall this Plan be construed as providing for such segregation, nor shall the Company or fund any specialthe Administrator be deemed to be a trustee of stock or separate account orcash to make any other segregation of assets to assure the payment of any Awardbe awarded under the Plan. Participant are and shall at all times be general creditors of the Company with respect to their Awards. If the Administrator or the Company chooses to set aside fund in a trust or otherwise for the payment of Awards under the Plan, such funds shall at all times be subject to the claims of the creditors of the Company in the event of its bankruptcy or insolvency.

TheUnfunded Plan is intendedStatus. All payments pursuant to the Plan shall be an unfunded plan. Themade from the general funds of the Company shall not be required to establish or fund anyand no special or separate accountfund shall be established or to make any other segregation of assets made to assure the payment ofpayment. No Participant or other person shall have under any Award under the Plan. Participant are and shall at all times be general creditorscircumstances any interest in any particular property or assets of the Company with respect to their Awards. Ifas a result of participating in the Administrator orPlan. Notwithstanding the foregoing, the Company chooses to set aside fund in a trustmay (but shall not be obligated to) create one (1) or otherwise formore grantor trusts, the paymentassets of Awards under the Plan, such funds shall at all times bewhich are subject to the claims of the creditors ofCompany’s creditors, to assist it in accumulating funds to pay its obligations under the Company in the event of its bankruptcy or insolvency. Plan.