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DCPD
December 26, 2013
Page - 2 -
1.7 Enrollment Period
“Enrollment Period” means the period designated by the Administrator each year; provided however, that except for the Enrollment Period for
calendar year 2013, the Enrollment Period for a given calendar year shall always commence and end in the year immediately prior to such
calendar year. For calendar year 2013, the Enrollment Period shall begin on December 26, 2013 and end on December 30, 2013.
1.8 Kodak
“Kodak” means Eastman Kodak Company.
1.9 Market Value
“Market Value” means the mean between the high and low at which the Common Stock trades as quoted in the New York Stock Exchange
Composite Transactions as published in The Wall Street Journal for the day for which the determination is to be made or, if such day is not a
trading day, the immediately preceding trading day.
1.10 Plan
“Plan”
means this Eastman Kodak Company Deferred Compensation Plan For Directors, as adopted by the Board and as amended from time to
time.
1.11 Participant
“Participant” means (i) any member of the Board who is not an employee of Kodak; or (ii) any former member of the Board who has a balance
in a Stock Account under the Plan.
1.12 Separation From Service
“Separation From Service” means a “separation from service” within the meaning of Section 409A (taking into account Section 1.409A-
1(h) of
the Treasury regulations), administered in accordance with Eastman Kodak Company’s Policy Regarding Section 409A Compliance, it being
intended that for this purpose, “separation from service” will be determined based on services performed for Kodak and all entities which are
part of the same “controlled group” or group of trades or business under “common control” as Kodak within the meaning of Sections 414(b) or
(c) of the Code (meaning, for the avoidance of doubt, that the Plan shall apply the 80 percent common control standard stated in such Sections
of the Code and the Treasury regulations thereunder). Furthermore, a Director who is or becomes an employee but who has a Stock Account
under this Plan shall be treated as separating from service for purposes of this Plan if the Director would be deemed to have separated from
service as a director if his or her services as an employee were disregarded, in accordance with Section 1.409A-1(h)(5) of the Treasury
regulations.