Mondelez 2012 Annual Report Download - page 143

(the “ Adjusted Pension Plan Transfer Amounts ”).
In addition to the transfer of the Adjusted Pension Plan Transfer Amounts, the Vendor will, in respect of each Vendor Commingled Registered
Pension Plan, transfer to the corresponding SnackCo Pension Plan the defined contribution account balances in respect of Transferred
Employees from Commingled Plans.
(6) The Vendor will transfer assets in kind (rather than in cash) to the SnackCo Pension Plans, to the extent commercially reasonable. The
Vendor will, prior to the date that the Pension Plan Transfer Amount (adjusted as described in Section 6.02(5)) is transferred to each SnackCo
Pension Plan:
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(b) decreased by the aggregate amount of charges, expenses and other costs reasonably attributable to the administration of Vendor
Commingled Registered Pension Plans in respect of the benefits of Transferred Employees from Commingled Plans (adjusted to
reflect the applicable rate of return determined under clause (c) below), and
(c) increased or decreased, as the case may be, in order to reflect the fund rate of return of the assets in the applicable Vendor
Commingled Registered Pension Plan during the period from the Closing Date to the date of transfer
(a)
administer the assets of the Vendor Commingled Registered Pension Plans in accordance with applicable Laws;
(b) continue to direct the investment of the assets of the Vendor Commingled Registered Pension Plans in accordance with the terms of
such plans and applicable pension legislation, and will not change the investment of assets that are allocable to the Pension Plan
Transfer Amounts from the manner in which they are invested as of the Closing Date without the prior written consent of the
Purchaser, which will not be unreasonably withheld;
(c)
keep the Purchaser fully informed regarding the status of the regulatory applications described in this Section 6.02;
(d) promptly provide the Purchaser from time to time with information reasonably requested by the Purchaser regarding the assets, the
investment performance of the assets, and the expenses charged to the assets in the Vendor Commingled Registered Pension Plans;
and
(e) provide the Purchaser with copies of all documentation relating to the payments made from the Vendor Commingled Registered
Pension Plans to the Transferred Employees from Commingled Plans, including pension election forms submitted to the Vendor or
its agents by the Transferred Employees from Commingled Plans.