Mondelez 2012 Annual Report Download - page 471

An extraordinary distribution shall be made with respect to amounts credited to each Subaccount on the first day of the calendar month next
following approval of the extraordinary distribution request by the Board. Upon approval of an extraordinary distribution request, any Deferral
Election shall be cancelled prospectively. A. Participant may make a new Deferral Election for a future year in accordance with Section 2.1.2.
2.3.4 Specified Employee
Notwithstanding anything in the Plan to the contrary or any election made by a Participant, if a Participant has elected that distribution be made
upon the Participant’s separation from service, and the Participant is a “specified employee” within the meaning of the Code section 409A and
the regulations thereunder, distribution in the form of a single sum will be made on, and distribution in the form of installments will commence
on, the fifteenth day of the seventh month following the date of the Participant’s separation from service.
SECTION 3. General Provisions
3.1 Unfunded Plan
It is intended that the Plan constitute an “unfunded” plan for deferred compensation. The Company may authorize the creation of trusts or other
arrangements to meet the obligations created under the Plan; provided, however, that, unless the Company otherwise determines, the existence of
such trusts or other arrangements is consistent with the “unfunded”
status of the Plan. Any liability of the Company to any person with respect to
any grant under the Plan shall be based solely upon any contractual obligations that may be created pursuant to the Plan. No such obligation of
the Company shall be deemed to be secured by any pledge of, or other encumbrance on, any property of the Company.
3.2 Rules of Construction
The Plan shall be construed and interpreted in accordance with Virginia law. Headings are given to the sections of the Plan solely as a
convenience to facilitate reference. The reference to any statute, regulation, or other provision of law shall be construed to refer to any
amendment to or successor of such provision of law. Notwithstanding anything in this Plan to the contrary, the Plan shall be construed to reflect
the intent of the Company that all elections to defer, distributions, and other aspects of the Plan shall comply with Code section 409A and any
regulations and other guidance thereunder to the extent applicable. The Plan is also intended to be construed so that participation in the Plan will
be exempt from Section 16(b) of the Exchange Act pursuant to regulations and interpretations issued from time to time by the Securities and
Exchange Commission.
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