Comcast 2009 Annual Report Download - page 145

(b) If shares of Company Stock are not so listed, but trades of shares are reported on the Nasdaq National Market, Fair Market Value
shall be determined based on the last quoted sale price of a share on the Nasdaq National Market on the date of determination, or if such
date is not a trading day, the next trading date.
(c) If shares of Company Stock are not so listed nor trades of shares so reported, Fair Market Value shall be determined by the
Committee in good faith.
2.23. “ Grandfathered Employee ” means:
(a) Each employee of a Participating Company who, as of December 31, 1989, was eligible to participate in the Prior Plan and who
has been in continuous service to the Company or an Affiliate since December 31, 1989.
(b) Each employee of a Participating Company who was, at any time before January 1, 1995, eligible to participate in the Comcast
Corporation Deferred Compensation Plan and whose Annual Rate of Pay is $90,000 or more as of both (i) the date on which an Initial
Election is filed with the Administrator and (ii) the first day of each calendar year beginning after December 31, 1994.
(c) Each individual who was an employee of an entity that was a Participating Company in the Prior Plan as of June 30, 2002 and
who has an Annual Rate of Pay of $125,000 as of each of (i) June 30, 2002; (ii) the date on which an Initial Election is filed with the
Administrator and (iii) the first day of each calendar year beginning after December 31, 2002.
(d) Each employee of a Participating Company who (i) as of December 31, 2002, was an “Eligible Employee” within the meaning of
Section 2.34 of the AT&T Broadband Deferred Compensation Plan (as amended and restated, effective November 18, 2002) with respect
to whom an account was maintained, and (ii) for the period beginning on December 31, 2002 and extending through any date of
determination, has been actively and continuously in service to the Company or an Affiliate.
2.24. “ Hardship ” means an “unforeseeable emergency,” as defined in Section 409A. The Committee shall determine whether the
circumstances of the Participant constitute an unforeseeable emergency and thus a Hardship within the meaning of this Paragraph 2.24.
Following a uniform procedure, the Committee’s determination shall consider any facts or conditions deemed necessary or advisable by the
Committee, and the Participant shall be required to submit any evidence of the Participant’s circumstances that the Committee requires. The
determination as to whether the Participant’s circumstances are a case of Hardship shall be based on the facts of each case; provided however,
that all determinations as to Hardship shall be uniformly and consistently made according to the provisions of this Paragraph 2.24 for all
Participants in similar circumstances.
2.25. “ Inactive Participant ” means each Participant (other than a Retired Participant, Deceased Participant or Disabled Participant)
who is not in active service as an Outside Director and is not actively employed by a Participating Company.
-
6
-