Comcast 2010 Annual Report Download - page 145

any grant of Restricted Stock or Restricted Stock Units deemed liquidated and credited thereafter under the Income Fund, as provided in
Paragraph 8(k).
(x) “ Election ” means, as applicable, an Initial Election or a Subsequent Election.
(y) “ Eligible Employee ” means an employee of a Participating Company, as determined by the Committee.
(z) “ Fair Market Value ” means:
(aa) “ Family Member ” has the meaning given to such term in General Instructions A.1(a)(5) to Form S-8 under the Securities Act of
1933, as amended, and any successor thereto.
(bb) “ Grandfathered Amount ” means amounts described in Paragraph 1(b) that were deferred under the Plan and that were earned and
vested before January 1, 2005.
(cc) “ Grantee ” means an Eligible Employee or Non-Employee Director who is granted an Award.
(dd) “ Hardship ” means an “unforeseeable emergency,” as defined in Section 409A. The Committee shall determine whether the
circumstances of the Grantee constitute an unforeseeable emergency and thus a Hardship within the meaning of this Paragraph 2(dd). Following
a uniform procedure, the Committee’
s determination shall consider any facts or conditions deemed necessary or advisable by the Committee, and
the Grantee shall be required to submit any evidence of the Grantee’s circumstances that the Committee requires. The determination as to
whether the Grantee’
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(dd) for all Grantees in similar
circumstances.
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(i)
If Shares 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.
(ii)
If Shares 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.
(iii)
If Shares are not so listed nor trades of Shares so reported, Fair Market Value shall be determined by the Committee in good
faith.