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M » Topics » 1.8 Participant means a person a portion of whose compensation for any Plan Year has been deferred pursuant to the Plan and whose Cash or Stock Credits have not been wholly distributed.

This excerpt taken from the M 10-K filed Apr 1, 2009.

1.8 “Participant”
means a person a portion of whose compensation for any Plan Year has been deferred pursuant to the Plan and whose Cash or Stock Credits have not been wholly distributed.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">1.9 “Deferred Compensation” means the portion of a Participant’s compensation for any Plan Year, or part thereof, that has been
deferred pursuant to the Plan.

1.10 “Cash Credits” of a Participant at any time the sum of all amounts, including
interest equivalents, theretofore credited to the Participant pursuant to Section 4.1(a)(i), less the amounts theretofore distributed.

 


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1.11 “Stock Credits” of a Participant at any time mean the aggregate of all stock
equivalents and dividend equivalents theretofore credited to the Participant pursuant to Section 4.1, less the amounts thereof theretofore distributed.

FACE="Times New Roman" SIZE="2">1.12 “Termination of Service” or similar expression means the termination of the Participant’s employment as a regular employee of the Company and any division, subsidiary or affiliate thereof,
and shall include retirement. A Participant who is on temporary leave of absence of not longer than six months, whether with or without pay, shall not be deemed to have terminated service.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">1.13 “Plan Year” means the calendar year.

FACE="Times New Roman" SIZE="2">1.14 “Code” means the Internal Revenue Code of 1986, as such code exists as of the Effective Date or as it may thereafter be amended.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">1.15 “Short Term Cash Deferrals” of a Participant at any time means the sum of all amounts credited to the Participant pursuant to
Section 4.1(a)(ii) less the amounts theretofore distributed.

1.16 “Specified Employee” means a ‘specified
employee’ as determined under procedures adopted by the Company in compliance with Section 409A of the Code.

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