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These excerpts taken from the ATVI 8-K filed Oct 23, 2006. SECTION 2. PURPOSE OF THE PLAN.The purpose of the Plan is to provide Eligible Employees with a convenient means to acquire an equity interest in the Company, to enhance such employees’ sense of participation in the affairs of the Company and Subsidiaries, and to provide an incentive for continued employment. Notwithstanding anything set forth herein, the Plan is NOT intended to qualify as an “employee stock purchase plan” under Section 423 of the Code (including any amendments or replacements of such section), and the Plan shall be so construed. By way of clarification of the foregoing, the Options should be considered “nonqualified options” for U.S. federal income tax purposes. SECTION 2. PURPOSE OF THE PLAN.The purpose of the Plan is to provide Eligible Employees with a convenient means to acquire an equity interest in the Company through payroll deductions, to enhance such employees’ sense of participation in the affairs of the Company and Subsidiaries, and to provide an incentive for continued employment. The Plan is intended to qualify as an “employee stock purchase plan” under Section 423 of the Code (including any amendments, or replacements of such section), and the Plan shall be so construed. Any term not expressly defined in the Plan but defined for purposes of Section 423 of the Code shall have the same definition therein. | EXCERPTS ON THIS PAGE:
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