Kodak 2013 Annual Report Download - page 167
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DCPD
December 26, 2013
Page - 7 -
7.5 Payment of Deferred Compensation After Death
Each Participant shall have the right, at any time, to designate any person or persons as his or her Beneficiary or Beneficiaries (both primary
and contingent) to whom payment under this Plan shall be made in the event of his or her death prior to complete distribution to the Participant
of the benefits due him or her under the Plan. Each Beneficiary designation shall become effective only when filed in writing with the
Administrator during the Participant’s lifetime on a form provided by the Administrator. The filing of a new Beneficiary designation form with
the Administrator will cancel all Beneficiary designation(s) previously filed.
If a Participant dies prior to complete payment of his or her Stock Account, the balance of the Participant’s Stock Account immediately
preceding the date that payment is made, shall be paid in a single, lump-sum payment to: (a) the beneficiary or contingent beneficiary
designated by the Participant in accordance with this Section 7.5; or, in the absence of a valid designation of a beneficiary or contingent
beneficiary, (b) the Participant’s estate within 30 days after appointment of a legal representative of the deceased Participant. In any event,
payment will be made no later than the end of the taxable year of death (or, if later, the fifteenth day of the third month following the date of
death).
Article 8. Change in Control
8.1 Background
Upon a Change In Control: (i) the terms of this Article 8 shall immediately become operative, without further action or consent by any person
or entity, (ii) all terms, conditions, restrictions, and limitations in effect on any deferred compensation shall immediately lapse as of the date of
such event; and (iii) no other terms, conditions, restrictions, and/or limitations shall be imposed upon any deferred compensation on or after
such date, and in no circumstance shall any Stock Account be forfeited on or after such date.
8.2 Payment of Deferred Compensation After Change in Control
Upon a Change in Control, each Participant, whether or not he or she is still a member of the Board, shall be paid in a single, lump-sum the
number of shares remaining in his or her Stock Account as of the date of the Change in Control. Such payment shall be made as soon as
practicable, but in any event no later than 90 days after the Change in Control.