Mondelez 2012 Annual Report Download - page 478

2.15 Employer
“Employer” means the business entity designated in the Adoption Agreement, and its successors and assigns unless otherwise herein
provided, or any other corporation or business organization which, with the consent of the Employer, or its successors or assigns, assumes the
Employer’
s obligations hereunder, and any affiliate or subsidiary of the Employer, as defined in Subsections 414(b) and (c) of the Code, or other
corporation or business organization that has adopted the Plan on behalf of its Eligible Individuals with the consent of the Employer.
2.16 Employer Contributions
“Employer Contributions” means the amounts other than Matching Contributions that are credited to a Participant’s Employer
Contributions Account under the Plan by the Employer in accordance with subsection 4.3.
2.17 ERISA
“ERISA” means the Employee Retirement Income Security Act of 1974, as amended. Reference to a specific section of ERISA shall
include such section, and any valid regulation promulgated thereunder and any comparable provision of any future legislation amending,
supplementing, or superseding such section.
2.18 Fiscal Year Compensation
“Fiscal Year Compensation” means Compensation relating to a period of service coextensive with one or more consecutive non-calendar-
year fiscal years of the Employer, where no amount of such Compensation is paid or payable during the service period. For example, a Non
-
Performance Based Bonus based upon a service period of two consecutive fiscal years payable after the completion of the second fiscal year
would be “Fiscal Year Compensation,” but periodic salary payments or Non-
Performance Based Bonuses based on service periods other than the
Employer’s fiscal year would not be Fiscal Year Compensation.
2.19 Investment Funds
“Investment Funds” means the notional funds or other investment vehicles designated by the Administrator from time to time pursuant to
subsection 5.1 for purposes of determining gains or losses to be assigned to the Accounts.
2.20 Matching Contributions
“Matching Contributions” means amounts credited to a Participant’s Employer Contributions Account under the Plan by the Employer in
accordance with section 4.3 and the matching contribution formula selected by the Employer in section 11 of the Adoption Agreement.
2.21 Non-Performance Based Bonus
“Non-Performance-Based Bonus” means an award of cash that is not a Performance-Based Bonus (as defined in subsection 2.25) that is
payable to an Employee ( or Other Service Provider, as applicable) in a given year, with respect to the immediately preceding Non-Performance
Based Bonus performance period, which may or may not be contingent upon the achievement of specified performance goals.
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