Comcast 2010 Annual Report Download - page 123

(b) Each employee of a Participating Company whose Annual Rate of Pay is $200,000 or more as of both (i) the date on
which an Initial Election is filed with the Administrator and (ii) the first day of the calendar year in which such Initial Election is filed;
(c) Each New Key Employee; and
(d) Each other employee of a Participating Company who is designated by the Committee, in its discretion, as an Eligible
Employee;
provided, in each case, that such individual’s Compensation is administered under the Company’s common payroll system.
2.22. “ Fair Market Value ”
(a) If shares of Company Stock are listed on a stock exchange, Fair Market Value shall be determined based on the last
reported sale price of a share on the principal exchange on which shares are listed on the date of determination, or if such date is not a trading
day, the next trading date.
(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
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