Abercrombie & Fitch 2008 Annual Report Download - page 144

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benefits provided under the Plan are actually paid from a Trust, the Company shall not have any further obligation therefor, but to the
extent not so paid, such benefits shall remain the obligations of, and shall be paid by, the Company. No Participant, Beneficiary or any
other person shall have any interest in any particular assets of the Company by reason of the right to receive a benefit under the Plan
and any such Participant, Beneficiary or other person shall have only the rights of a general unsecured creditor of the Company with
respect to any rights under the Plan. Nothing contained in the Plan shall constitute a guaranty by the Company or any other entity or
person that the assets of the Company will be sufficient to pay any benefit hereunder. All expenses and fees incurred in the
administration of the Plan and of any Trust shall be paid by the Company, provided that, in the event that a Trust is established, at the
discretion of the Company, such expenses and fees shall be paid from the Trust, provided that such amounts are not paid by the
Company.
Section 10. AMENDMENT AND TERMINATION OF THE PLAN — The Company reserves the right, by a resolution of the Board,
to amend, terminate, or freeze the Plan, in whole or in part, at any time, and from time to time, in any manner which it deems
desirable. In no event shall any such action by the Board adversely affect any Participant or Beneficiary who has a Deferred
Compensation Account without the consent of the Participant or Beneficiary, or result in any change in the timing or manner of the
payment of the amount of any Deferred Compensation Account (except as otherwise permitted under the Plan), unless the Board
determines in good faith that such action is necessary to ensure compliance with Code Section 409A.
Section 11. BINDING UPON SUCCESSORS — The Plan shall be binding upon and inure to the benefit of the Company, its
successors and assigns and the Participants and their heirs, executors, administrators and legal representatives. In the event of the
merger or consolidation of the Company with or into any other corporation, or in the event substantially all of the assets of the
Company shall be transferred to another corporation, the successor corporation resulting from the merger or consolidation, or the
transferee of such assets, as the case may be, shall, as a condition to the consummation of the merger, consolidation or transfer,
assume the obligations of the Company hereunder and shall be substituted for the Company hereunder.
Section 12. NO GUARANTEE OF PLAN PERMANENCY. This Plan does not contain any guarantee of provisions for continued
service on the Board to any Director or Participant nor is it guaranteed by the Company to be a permanent plan.
Section 13. GENDER — Any reference in the Plan made in the masculine pronoun shall apply to both men and women.
Section 14. INCAPACITY OF RECIPIENT — In the event that a Participant or Beneficiary is declared incompetent and a guardian,
conservator or other person legally charged with the care of his or her person or of his or her estate is appointed, any benefits under the
Plan to which such Participant or Beneficiary is entitled shall be paid to such guardian, conservator or other person legally charged
with the care of his person or his estate. Except as provided hereinabove, when the Plan Administrator, in his or her sole discretion,
determines that a Participant or Beneficiary is unable to manage his or her financial affairs, the Plan Administrator may, but shall not
be
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Source: ABERCROMBIE & FITCH CO /DE/, 10-K, March 27, 2009 Powered by Morningstar® Document Research℠