These excerpts taken from the KFT 10-K filed Feb 27, 2009.
Reimbursements and Provision of Benefits
Payment of any reimbursement amounts and the provision of benefits by the Company pursuant to this letter (including any reimbursements or benefits to be provided pursuant to a severance arrangement) which the Company determines constitute nonqualified deferred compensation (within the meaning of Code section 409A) shall be subject to the following:
The foregoing amendment is intended to conform the terms of the Letter to the final regulations issued under section 409A of the Internal Revenue Code of 1986, as amended (the Code), but it shall not provide a basis for any action against the Company or any related company based on matters covered by section 409A of the Code.
Please signify your agreement with the terms of this amendment by signing this letter and returning it to my attention.