Mondelez 2012 Annual Report Download - page 423

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.
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(a) The employment relationship will be deemed to have ended on the date that the Participant and his Employer reasonably anticipate
that the level of bona fide services the Participant will perform for the Company and the Related Companies after such date (whether
as an employee or independent contractor, but not as a director) would permanently decrease to no more than 20% of the average
level of bona fide services performed over the immediately preceding 36-
month period (or the full period of services to the Company
and Related Companies if the Participant has performed services for the Company and the Related Companies for less than 36
months). Absent a reasonable expectation that the Participant’s level of bona fide services after such date will exceed the above-
described percentage, a deemed termination of the employment relationship will occur even if the Participant continues on the
payroll of the Company or the Related Companies after that date.
(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.