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This excerpt taken from the GMCR DEF 14A filed Jan 26, 2009. Deferred Compensation Plan Currently we offer a deferred compensation plan but no named executive officers elected to defer any compensation into the program for fiscal 2008. This excerpt taken from the GMCR 10-K filed Dec 11, 2008. 2002 DEFERRED COMPENSATION PLAN STYLE="margin-top:0px;margin-bottom:0px" ALIGN="center">AS AMENDED ON DECEMBER 13, 20071. 2. DEFINED TERMS. As used in the Plan, the Account: a memorandum account, including any subaccounts, SIZE="2">Administrator: the Board or, if so determined by the Board, a committee of the Board. The Board or committee of the Board, as the case may be, may delegate any of its duties and responsibilities under the Plan to such persons Board: the Board of Directors of the Company. FACE="Times New Roman" SIZE="2">Change in Control: The first to occur of any of the following events: (a) a (b) a public announcement (which, for purposes hereof, shall include, without limitation, a (c) 1 (d) the approval of the shareholders of the Company of (A) any consolidation, merger (e) a determination by a majority of the members of the Incumbent Board, in their sole and Code: the federal Internal Revenue Code of 1986, as amended. Common Stock: the common stock of Green Mountain Coffee Roasters, Inc. STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Earliest Post-Separation Payment Date: whichever of the following is relevant in the circumstances: (i) in the case of a Participant whois not a Specified Employee at the date he or she Separates from Service of the Employer, the date of such Separation from Service, and (ii) in the case of a Participant who is a Specified Employee at the date he or she Separates from Service, the date that is six (6) months following the date of such separation. Earnings Measure: a measure of Eligible Person: an individual who is (i) employed by an Eligible Pay: except as otherwise determined
2 Employer: the Company and its Subsidiaries, or any of them. STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">ERISA: the Employee Retirement Income Security Act of 1974, as amended. STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Participant: an Eligible Person who participates in the Plan.FACE="Times New Roman" SIZE="2">Plan: the amended and restated Green Mountain Coffee Roasters, Inc. 2002 Deferred Compensation Plan as set forth herein, as the same may from time to time be amended and in effect. STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Stock Unit: an Earnings Measure consisting of one notional share of Common Stock. STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Section 409A: Section 409A of the Code, including the Treasury Regulations thereunder and other applicable Internal Revenue Serviceguidance. Separation from Service (and correlative terms): an individuals separation from service from the Employer, employee (as that term is defined at Section 1.409A-1(i) of the Treasury Regulations) of the Employer. The Administrator may, but need not, elect in writing, subject to the applicable limitations under Section 409A, any of the special elective rules prescribed in Section 1.409A-1(i) of the Treasury Regulations for purposes of determining specified employee status. Any such written election shall be deemed part of the Plan. STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Subsidiary: any corporation or other trade or business that together with the Company would be treated as a single employer for purposes of Section 1.409A-1(h)(3) of the Treasury Regulations (applied without regard to any permissible special elections thereunder). SIZE="2">Treasury Regulations: the Department of the Treasury regulations at 26 CFR (pertaining to the Code). This excerpt taken from the GMCR DEF 14A filed Jan 28, 2008. Deferred Compensation Plan Currently we offer a deferred compensation plan but no named executive officers elected to defer any compensation into the program for fiscal 2007. | EXCERPTS ON THIS PAGE:
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