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This excerpt taken from the FABK DEF 14A filed May 8, 2008. TERMINATION OF EMPLOYMENT.
Whether military, government or other service or other leave of absence shall
constitute a termination of employment shall be determined in each case by the
Committee at its discretion and in accordance with the terms of the Plan, and
any determination by the Committee shall be final and conclusive. A
Participant’s Continuous Status as a Participant shall not be deemed to
terminate in a circumstance in which a Participant transfers from the Company to
an Affiliate, transfers from an Affiliate to the Company, or transfers from one
Affiliate to another Affiliate. To the extent that this provision causes
Incentive Stock Options to extend beyond three months from the date a
Participant is deemed to be an employee of the Company, a Parent or Subsidiary
for purposes of Sections 424(e) and 424(f) of the Code, the Options held by such
Participant shall be deemed to be Nonstatutory Stock Options.
ARTICLE
10
CHANGE
IN CAPITAL STRUCTURE; CHANGE IN CONTROL
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