Classmates.com 2010 Annual Report Download - page 226

6. In situations other than an Involuntary Termination during the Transaction Protection Period, you are terminated for
unsatisfactory performance, negligence in performance of your duties, misconduct, or violation of a policy of the Company or any other of
your Employers.
7. In situations other than an Involuntary Termination during the Transaction Protection Period, you are dismissed prior to the
effective date of your Layoff Termination for a reason other than your Layoff Termination (including, but not limited to, any reason such as
unsatisfactory performance, violation of applicable company policy or procedures, insubordination, misconduct, or the unauthorized use or
disclosure of confidential information or trade secrets of the Company or any parent or subsidiary of the Company), whether or not you
already received notice of your Layoff Termination that would otherwise qualify you for severance benefits under this Plan.
8. In situations other than an Involuntary Termination during the Transaction Protection Period, you are offered comparable
employment by a company or entity that acquires, merges with, acquires some or all of the assets of, or otherwise carries on the business of
the Company or other Employer relating to your employment. For purposes of this provision “comparable employment” means
employment within 50 miles of your prior employment site and at least 100% of your prior base pay.
9. Your termination results from long-term or permanent disability that renders you unable to perform your essential job
functions even with accommodation or your death.
10. You are covered by any other written severance or separation pay plan or arrangement with the Company, or any subsidiary of
the Company, or by an employment or other agreement with the Company or any subsidiary of the Company that provides for severance or
separation pay/benefits in a lump sum or in installment payments following termination of your employment.
11. The Plan Administrator determines, in its sole discretion, that your receipt of severance benefits would not under the
circumstances further the purposes of the Plan or would otherwise be inappropriate and not in the best interests of the Company, provided,
however, that this provision shall not apply during the Transaction Protection Period.
IV. HOW THE PLAN WORKS
A. Payment Date of Severance Benefits
If you satisfy all the eligibility criteria of Section III and are eligible for benefits under the Plan, you will receive your separation benefits (the “
Severance Payment Benefit
”), in the amount determined pursuant to Section IV.B. below, in a lump sum payment on the third business day,
within the sixty (60)-day period measured from the date of your Separation from Service due to your Layoff Termination or Involuntary
Termination, following the date on which your Required Release first becomes effective and enforceable following the expiration of the
maximum applicable delivery/review and revocation periods and you have otherwise complied with all the other terms and conditions of
Section III.A, or on such subsequent date as the Company may determine in its sole discretion, but in no event later the last business day of such
sixty (60)-day period.
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