This excerpt taken from the ATVI 10-Q filed Aug 4, 2005.
Amendment to Comply with Applicable Law; Waiver of Code Section 409A Provisions. It is intended that no Award granted under this Plan shall be subject to any interest or additional tax under Section 409A of the Code. In the event Code Section 409A is amended after the date hereof, or regulations or other guidance is promulgated after the date hereof that would make an Award under the Plan subject to the provisions of Code Section 409A, then the terms and conditions of this Plan shall be interpreted and applied, to the extent possible, in a manner to avoid the imposition of the provisions of Code Section 409A. Notwithstanding the foregoing and notwithstanding anything in this Plan to the contrary, with respect to any Award to any Participant, the Committee may specifically waive any provision of this Plan that is intended to comply with Code Section 409A, including without limitation certain restrictions set forth in Sections 4.3, 5.1, 6.1, 7.6 and 7.10 hereof, and may grant Awards hereunder to such Participant that do not comply with Code Section 409A.