Bed Bath & Beyond (BBBY)

5.2                     Investments, Gains and Losses.

(a)           General Rule.  The Participant shall elect one or more Investment Indexes for the deemed investment, subject to Section 5.2(d) below, of his or her deferred Compensation.  Such Investment Indexes shall be designated by the Administrator and such elections shall be made on a form provided by, and in manner specified by, the Administrator and shall apply solely for purposes of determining the amount of earnings or losses to be credited or debited to the Account established on behalf of such Participant by the Administrator pursuant to this Article 5.  In making the Investment Index Election, the Participant must specify, in whole percentages, the percentage of his or her Account that he or she wishes to be deemed to be invested in one or more Investment Indexes.

(b)           Changing an Investment Index Election.  A Participant may make a new Investment Index Election with respect to his or her Account(s) by filing a new election no more than six (6) times each Plan Year in accordance with procedures established by the Administrator.

(c)           Changing Available Investment Indexes.  The Employer may from time to time, at the discretion of the Administrator, change the Investment Indexes and increase or decrease the number of Investment Indexes for purposes of this Plan.

(d)           No Participant Interest in Index.  Notwithstanding the Participant’s ability to designate the Investment Index in which his or her deferred Compensation shall be deemed invested, the Employer shall have no obligation to invest any funds in accordance with the Participant’s election.  Participants’ Accounts shall merely be bookkeeping entries on the Employer’s books, and no Participant shall obtain any property right or interest in any Investment Index.