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This excerpt taken from the HSY DEF 14A filed Mar 16, 2009. Does the Board impose a maximum age limit for directors? Our Corporate Governance Guidelines provide that directors will not be nominated for reelection after their 72 nd birthday. All of the directors standing for election at the 2009 annual meeting of stockholders, with the exception of Mr. Zimmerman, satisfied the applicable age requirement at the time of their nomination. In the case of Mr. Zimmerman, the Board elected to waive this requirement and nominated him to stand for election at the 2009 annual meeting for an additional one-year term. This excerpt taken from the HSY DEF 14A filed Mar 10, 2008. Does the Board impose a maximum age limit for directors? Our Corporate Governance Guidelines provide that directors will not be nominated for reelection after their 72 nd birthday. All of the directors standing for election at the 2008 annual meeting of stockholders, with the exception of Mr. Zimmerman, satisfied the applicable age requirement at the time of their nomination. In the case of Mr. Zimmerman, the Board elected to waive this requirement and nominated him to stand for election at the 2008 annual meeting for an additional one-year term. 21
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