ZBRA » Topics » Note: The Employer may not use the blank in (d) to specify events not described in Treas. Reg. 1.409A-3(i)(5). However, the Employer may increase the percentages required to trigger a Change in Control under one or all three of the listed events.

This excerpt taken from the ZBRA 10-Q filed Apr 30, 2008.

Note: The Employer may not use the blank in (d) to specify events not described in Treas. Reg. §1.409A-3(i)(5). However, the Employer may increase the percentages required to trigger a Change in Control under one or all three of the listed events.

1.15 Compensation. The Employer makes the following modifications to the “gross W-2” definition of Compensation (choose (a) or at least one of (b) – (e)):

 

[X] (a) No modifications.

 

[    ] (b) Net Compensation. Exclude all elective deferrals to other plans of the Employer described in Section 1.15.

 

[    ] (c) Base Salary only. Exclude all Compensation other than Base Salary.

 

[    ] (d) Bonus only. Exclude all Compensation other than Bonus.

 

[    ] (e) (Specify):                                                                                                                                                               .
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