Kraft 2010 Annual Report Download - page 149

election at any time prior to the first day of the six-month period ending on the last day of the performance period for which the Performance-Based Bonus
Deferral Election is applicable, subject to rules established by the Administrator). If a Participant fails to make a Performance-Based Bonus Deferral Election
for a given performance period, such Participant's Performance-Based Bonus Deferral Election for that performance period shall be deemed to be zero;
provided, however, that if the Employer has elected in the Adoption Agreement that a Participant's Performance-Based Deferral Election shall be "evergreen",
then such Participant's Performance-Based Bonus Deferral Election shall be deemed to be identical to the most recent applicable Performance-Based Bonus
Deferral Election on file with the Administrator; provided, however, that no In-Service Distribution shall be applicable to any amounts deferred in a year in
which the Participant fails to make an affirmative election, and payment of such amounts for such year shall be made in accordance with his most recent
election on file with the Administrator (if no election is on file, then such amounts shall be paid to him in a single lump sum).
Performance-Based Bonus Deferrals shall be credited to the Participant's Compensation Deferral Account as soon as administratively feasible after such
amounts would have been payable to the Participant.
4.3 Other Employer Contributions
To the extent that the Employer has elected, pursuant to the Adoption Agreement, to make Employer Contributions such contributions shall be credited
to such Participants' Employer Contributions Accounts as of a date determined to be administratively feasible by the Administrator.
4.4 No Election Changes during Plan Year
A Participant shall not be permitted to change or revoke his Deferral Elections (except as otherwise described in subsections 4.1 and 4.2), except that, if
a Participant's status changes such that he becomes ineligible for the Plan, the Participant's Deferrals under the Plan shall cease as described in subsection 3.2.
Notwithstanding the foregoing, in the event the Employer maintains a qualified plan designed to comply with the requirements of Code Section 401(k) that
requires the cessation of all deferrals in the event of a hardship withdrawal under such plan, the Participant's Deferrals under this Plan shall cease as soon as
administratively feasible upon notification to the Administrator that the participant has taken such a hardship withdrawal. Notwithstanding the foregoing, if
the Employer has elected in the Adoption Agreement to permit unforeseeable emergency withdrawals pursuant to subsection 9.8, the Participant's Deferrals
under this Plan shall cease as soon as administratively feasible upon approval by the Administrator of a Participant's properly submitted request for an
unforeseeable emergency withdrawal under subsection 9.8.
4.5 Crediting of Deferrals
The amount of deferrals pursuant to subsections 4.1 and 4.2 shall be credited to the Participant's Accounts as of a date determined to be administratively
feasible by the Administrator.
4.6 Reduction of Deferrals or Contributions
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