Mondelez 2012 Annual Report Download - page 395

The provisions of this subsection shall be interpreted and applied in a manner consistent with the provisions of Treas. Reg. §1.409A-1(h).
5.9 Facility of Payment . If, in the Committee’s opinion, a Participant or other person entitled to benefits under the Plan is under a legal
disability or is in any way incapacitated so as to be unable to manage his financial affairs, payment will be made to the conservator or other
person legally charged with the care of his person or his estate or, if no such legal conservator will have been appointed, then to any individual
(for the benefit of such Participant or other person entitled to benefits under the Plan) whom the Committee may from time to time approve.
5.10 Benefits May Not Be Assigned or Alienated . The benefits payable to, or on account of, any individual under the Plan may not be
voluntarily or involuntarily assigned or alienated.
5.11 Tax Liability . The Employers may withhold from any payment of benefits hereunder any taxes required to be withheld and such sum
as the Employers may reasonably estimate to be necessary to cover any taxes for which the Employers may be liable and which may be assessed
with regard to such payment. Notwithstanding any provision of the Plan to the contrary, none of the Company, the Committee or any Employer
makes any representation or warranty regarding the tax consequences of the Plan to Participants or other persons entitled to benefits hereunder.
5.12 Committee Discretion to Accelerate . The Committee may accelerate the date of distribution of a Participant’
s Grandfathered Account
under Section 3 or his grandfathered amount under Section 4 to the extent that the Committee determines that such acceleration is in the best
interests of the Employers because of changes in tax laws or accounting principles, Department of Labor regulations, or any other reason which
negates or diminishes the continued value of the Plan to any Employer or Participant. The amount distributed pursuant to this subsection 5.12
will be paid in the form of a lump sum.
5.13 Applicability of Qualified Plan Provisions . Except as otherwise expressly provided to the contrary, all of the provisions, conditions
and requirements set forth in the Thrift Plan or the Retirement Plan with respect to eligibility for benefits shall apply equally to benefits under
Section 3 and Section 4, respectively, of the Plan. Whenever a Participant’s rights under the Plan are to be determined, appropriate reference
shall be made to the Thrift Plan or the Retirement Plan, as applicable. Actuarial equivalence for purposes of the Plan shall be determined in a
manner consistent with the provisions of the Retirement Plan relating to actuarial equivalence.
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(b) The employment relationship will be treated as continuing intact while the Participant is on a bona fide leave of absence (determined
in accordance with Treas. Reg. §1.409A
-
1(h)).
(c) The determination of a Participant’s termination of employment by reason of a sale of assets, sale of stock, spin-off or other similar
transaction of the Company or a Related Company will be made in accordance with Treas. Reg. §1.409A
-
1(h).
(d)
Notwithstanding anything herein to the contrary, a Former Cadbury Employee
’s Separation from Service under the Kraft Plan (as
defined therein) prior to the Spin Date shall constitute a Separation from Service for purposes of this Mondel
ē
z Global Plan.