Award Subject to Claims of Creditors. The Participant shall not have any interest in any particular assets of the Company, its parent, if applicable, or any Subsidiary or Affiliated Entity by reason of the right to earn an Award (including Accrued Dividends) under the Plan and this Award Agreement, and the Participant or any other person shall have only the rights of a general unsecured creditor of the Company, its parent, if applicable, or a Subsidiary or Affiliated Entity with respect to any rights under the Plan or this Award Agreement.

Restrictions upon Assignment and Creditors’ Claims. No benefit payable under the Plan is subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge prior to actual receipt of such Plan benefit by the Participant or a Beneficiary and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge prior to such receipt shall be void. No benefit payable under the Plan is subject to attachment, garnishment, execution, levy or other legal or equitable proceeding or process, and any attempt to do so shall be void. Neither the Company nor any Participating Employer is in any manner liable for or subject to the debts, contracts, liabilities, engagements or torts of any Participant or Beneficiary except as may be required by the tax withholding provisions of the Code or any state’s income tax laws.

No Duty on Secured Creditors’ Part. The powers conferred on Secured Creditors by this Section 4 are solely to protect Secured Creditors’ interest in the Collateral and do not impose any duty upon it to exercise any such powers. Secured Creditors will be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither Secured Creditors nor any of their officers, directors, employees or agents will, in the absence of willful misconduct or gross negligence, be responsible to Pledgor for any act or failure to act pursuant to this Section 4.

creditors' process described in Clause 24.8 (Creditors' process),

bankruptcy, insolvency, reorganization or other similar Law now or hereafter in effect, or # for the appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator, conservator (or similar official) of such Person or otherwise relating to the liquidation, dissolution, winding-up or relief of such Person, of # any general assignment for the benefit of creditors, composition, marshaling of assets for creditors, or other, similar arrangement in respect of such Person’s creditors or any substantial portion of its creditors undertaken under any Law.

to sell, transfer, pledge and make any agreement with respect to or otherwise deal with any of the Collateral and to take, at Secured Creditors’ option and Pledgor’s expense, any actions which Secured Creditors deem necessary to protect, preserve or realize upon the Collateral and Secured Creditors’ liens on the Collateral and to carry out the intent of this Agreement, in each case to the same extent as if Secured Creditors were the absolute owners of the Collateral for all purposes;

. Any Borrower Control Person (other than any member of the REIT Board) makes a transfer in fraud of creditors or makes an assignment for the benefit of creditors.

to satisfy Company liabilities to creditors, other than Members and Managers who are creditors, to the extent otherwise permitted by law, whether by payment or establishment of reserves;

conceal assets from any creditor, or enter into any transaction with the intent to hinder, delay or defraud creditors of Borrower or the creditors of any other Person.

bankruptcy or insolvency law, assignments for the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement, or other similar relief.