Mondelez 2012 Annual Report Download - page 144

(7) If the applicable pension regulatory authority refuses to consent to the application of the Vendor described in this Section 6.02 with
respect to any Vendor Commingled Registered Pension Plan, and takes the position that it will consent if a different amount is proposed to be
transferred or if a certain assumption or method of calculation is used to determine the Pension Plan Transfer Amounts, the Vendor and the
Purchaser will proceed on the basis necessary to obtain the consent of such regulatory authority.
(8) Subject to the transfer of the Pension Plan Transfer Amounts, the Purchaser assumes responsibility for the benefits accrued by the
Transferred Employees from Commingled Plans under the Vendor Commingled Registered Pension Plans up to the Effective Time.
6.03 Group Registered Retirement Savings Plan
The Vendor hereby assigns to the Purchaser, and the Purchaser hereby assumes from the Vendor, as of and with effect from the Effective
Time, all of the rights, obligations and liabilities of the Vendor with respect to the group registered retirement savings plan accounts that are
provided by the Vendor (a) to the Non-Union Employees and Unionized Employees; and (b) to any other individuals who are members of the
Stand-Alone Registered Pension Plans.
6.04 Non-Registered Savings Plan Accounts
The Vendor hereby assigns to the Purchaser, and the Purchaser hereby assumes from the Vendor, as of and with effect from the Effective
Time, all of the rights, obligations and liabilities of the Vendor with respect to the non-registered savings plan accounts that are provided by the
Vendor (a) to the Non-Union Employees and Unionized Employees; and (b) to any other individuals who are members of the Stand-Alone
Registered Pension Plans.
6.05 Supplemental Top Up Plans
The Vendor hereby assigns to the Purchaser, and the Purchaser hereby assumes from the Vendor, as of and with effect from the Effective
Time, all of the rights, obligations and liability of the Vendor regarding the entitlements of all Employees who become employed by the
Purchaser effective the Effective Time, to supplemental, unregistered top-up pension payments. The Vendor will retain all of the rights,
obligations and liabilities of the Vendor regarding the supplemental, unregistered top-up pension payment entitlements of individuals previously
employed by the Vendor whose employment with the Vendor ceased prior to the Effective Time.
6.06 Post-Retirement Health and Welfare Benefits
The Vendor hereby assigns to the Purchaser, and the Purchaser hereby assumes from the Vendor, as of and with effect from the Effective
Time, all of the rights, obligations and liability of the Vendor with respect to post-retirement health and welfare benefit entitlements of the
members of the Stand-Alone Registered Pension Plans whose employment with the Vendor ceased prior to the Effective Time. With respect to
Employees who become employed by the Purchaser effective the Effective Time, the Purchaser will, in the case of Unionized Employees,
provide post-retirement health and welfare benefit entitlements as required by Section 5.02(2) and, in the case of the Non-Union Employees,
provide post-retirement health and welfare benefit entitlements on the same terms and conditions which are in effect as of the Effective Time as
required by Section 5.02(1).
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