Kodak 2013 Annual Report Download - page 154

Download and view the complete annual report

Please find page 154 of the 2013 Kodak annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 178

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146
  • 147
  • 148
  • 149
  • 150
  • 151
  • 152
  • 153
  • 154
  • 155
  • 156
  • 157
  • 158
  • 159
  • 160
  • 161
  • 162
  • 163
  • 164
  • 165
  • 166
  • 167
  • 168
  • 169
  • 170
  • 171
  • 172
  • 173
  • 174
  • 175
  • 176
  • 177
  • 178

Following receipt of such notice, the Company may, at its sole discretion, choose to either (1) waive that notice period (thereby
immediately terminating your employment) or (2) place you on paid leave, at your then-current salary for any or all of the notice period.
(d) With Good Reason or Without Cause . If, during the Scheduled Term, the Company terminates your employment without Cause or
you terminate your employment with Good Reason:
(1) The Company will pay the following as of the end of your employment: (A) accrued but unpaid Salary up to the last day of your
employment, (B) your Salary for any accrued but unused vacation, and (C) any accrued expense reimbursements and other cash
entitlements (including for accrued expense reimbursement for which supporting documentation is submitted within 30 days after
termination of your employment) (together, your “Accrued Compensation”). In addition, the Company will timely pay you any amounts
and provide you any benefits that are required, or to which you are entitled, under any plan, contract or arrangement of the Company as of
the end of your employment (together, the “Other Benefits”).
(2) The Company will pay you severance (“Severance Payments”) in an amount equal to (A) the sum of your Salary and your
annual target Annual Incentive for the fiscal year in which the Termination Notice is given (or if such target Annual Incentive has not yet
been established for such fiscal year, the target Annual Incentive for the fiscal year prior to the year in which the Termination Notice is
given) multiplied by (B) the severance multiplier provided on your Schedule (your “Severance Multiplier”).
(3) Your Annual Incentive will be governed by the terms of the EXCEL plan and any applicable Administrative Guide or Award
Notice.
(4) Your Emergence Award and Long-Term Equity Awards will continue to vest and remain exercisable according to the terms of
the applicable award, in each case without regard to any continued employment condition. The benefits in this Section 6(d)(4) are
referred to as “ Continued Vesting ”.
(e) For Cause or without Good Reason. If the Company terminates your employment for Cause or you terminate your employment
without Good Reason, the Company will pay your Accrued Compensation and your Other Benefits; however, in connection with any
termination of your employment by you without Good Reason, you will remain eligible for continued vesting and/or payment of your
Emergence Award and any other equity-based compensation awarded by the Company or any affiliate, in accordance with the terms of such
awards.
(f) For Your Disability or Death . If, during the Scheduled Term, your employment terminates as a result of your Disability or death, the
Company will pay your Accrued Compensation and will provide Continued Vesting and your Other Benefits.
-
4
-