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This excerpt taken from the NKE 10-Q filed Jan 7, 2009. Amending
Participation. After a participant has begun participating in
the Plan by initiating payroll deductions, the participant may amend the payroll
deduction authorization (i) once during any Offering to decrease the amount of
payroll deductions, and (ii) effective for the first paycheck of a new Offering
to either increase or decrease the amount of payroll deductions. A
request for a decrease in payroll deductions during an Offering must be
submitted to the Company in a form specified by the Company no later than the
Change Deadline (as defined below) for that Offering, and shall be effective for
any paycheck only if the request is received by the Company no later than the
last business day of the immediately preceding calendar month, or by such other
deadline as may be established from time to time by the Authorized Officer for
defined groups of employees. A request for an increase or decrease in
payroll deductions effective for the first paycheck of a new Offering must be
submitted to the Company in a form specified by the Company no later than the
Subscription Deadline for the new Offering. In addition, if the
amount of payroll deductions from any participant during an Offering exceeds the
maximum amount that can be applied to purchase shares in that Offering under the
limitations set forth in paragraph 5(b) above, then (x) as soon as
practicable following a written request from the participant, payroll deductions
from the participant shall cease and all such excess amounts shall be refunded
to the participant, and (y) payroll deductions from the participant shall
restart as of the commencement of the next Offering at the rate set forth in the
participant’s then effective payroll deduction authorization. If the
Authorized Officer provides an alternative to payroll deduction as a method of
contributing to the Plan in any jurisdiction, the Authorized Officer shall also
specify terms for amending contribution levels in that
jurisdiction.
(e) |
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