Kraft 2009 Annual Report Download - page 159

Disability Effective Date As defined in Section 3.2(b) (ii).
Effective Date
April 24, 2007. The Plan is being amended effective December 31, 2009.
Employer
The Company or any of its Affiliates.
Excise Tax
The excise tax imposed by Section 4999 of the Code, together with any interest or penalties
imposed with respect to such excise tax.
Good Reason
As defined in Section 3.2(a).
Key Executive
An employee who is employed on a regular basis by the Employer in a salary band D or more
senior position.
Long-Term Incentive Plan Award Target
The long-term award that the Participant would receive during a performance cycle under the
Long-Term Incentive Plan or any comparable incentive plan if the target goals specified under the
Long-Term Incentive Plan or such annual incentive plan are achieved.
Net After-Tax Benefit
The present value (as determined in accordance with Sections 280G(b)(2)(A)(ii) and 280G(d)(4) of
the Code) of a Participant’s Payments less any Federal, state, and local income taxes and any
Excise Tax payable on such amount.
Non-Competition Agreement
The agreement of a Participant, not to, without the Company’s prior written consent, engage in any
activity or provide any services, whether as a director, manager, supervisor, employee, adviser,
consultant or otherwise, for a period of up to one (1) year following the Participant’s Date of
Termination, with a company that is substantially competitive with a business conducted by the
Company and its Affiliates.
Non-Solicitation Agreement
The agreement of a Participant that he or she will not solicit, directly or indirectly, any employee of
the Company or an Affiliate, or a surviving entity following a Change in Control, to leave the
Company or an Affiliate and to work for any other entity, whether as an employee, independent
contractor or in any other capacity, for a period of up to one (1) year following the Participant’s
Date of Termination.
Non-U.S. Executive
A Key Executive whose designated home country, for purposes of the Employer’s personnel and
benefits programs and policies, is other than the United States.
Participant
A Key Executive who meets the eligibility requirements of Section 2.1; provided, however, that
any Non-U.S. Executive who, under the laws of his or her designated home country or the legally
enforceable programs or policies of the Employer in such designated home country, is entitled to
receive, in the event of termination of employment (whether or not by reason of a Change in
Control), separation benefits at least equal in aggregate amount to the Separation Pay prescribed
under Section 3.3(b), of this Plan shall not be considered a Participant for the purposes of this Plan.
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Source: KRAFT FOODS INC, 10-K, February 25, 2010 Powered by Morningstar® Document Research℠