Kraft 2010 Annual Report Download - page 184

xRenewed Each Year: Participant's Distribution Election must be selected each year during the open enrollment period for the following year's
contributions – if no new election is made, that year's contributions default to payment in the form of a lump sum.
¨Evergreen: Participant's Distribution Election will be "evergreen" (i.e., will continue indefinitely for each year's contributions until the
Participant's Termination Date unless changed by the Participant – so each year the Participant will be deemed to have the same distribution
election in place as the prior year unless actively changed by the Participant at open enrollment, and the change will only be applicable to future
contributions)
26. Distributions Upon Change in Control: If Employer elects below, distributions will be made to Participants upon Change in Control of the Employer
(without a termination of employment of the Participant), as follows [select one, and complete Items 28 and 29 below (definition of "Change in
Control") ]
xNo, Distributions upon Change in Control will not be permitted.
¨Yes, Distributions upon Change in Control will be permitted, in a lump sum only.
¨Yes, Distributions upon Change in Control will be permitted, in a lump sum or in installments as elected by the Participant [complete Item 23].
27. Length of Installments (if Installment Distributions permitted in Item 23 and/or Item 26 above) [indicate length below]:
Annual installments over no fewer than 2 [enter minimum number of years – must be at least 2] and no more than 10 years at Participant's
election [enter maximum number of years].
28. "Change in Control" – Dates of Distribution. Distributions upon a Change in Control shall occur upon [select all that apply – see Subsection 9.9 of
the Plan document for more details]:
xThe consummation of a merger of consolidation of Kraft Foods Inc. and another company, and Kraft Foods Inc. is not the surviving company; or,
if after such transaction, the other entity owns, directly or indirectly, 50% or more of the outstanding voting securities of Kraft Foods Inc.;
excluding, however, a transaction pursuant to which all or substantially all of the individuals or entities who are the beneficial owners of the
outstanding voting securities of Kraft Foods Inc. immediately prior to such transaction will beneficially own, directly or indirectly, more than
50% of the combined voting power of the outstanding securities entitled to vote generally in the election of directors (or similar persons) of the
entity resulting from such transaction (including, without limitation, an entity which
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