Mondelez 2012 Annual Report Download - page 479

2.22 Other Service Providers
“Other Service Providers” shall mean independent contractors, consultants, or other similar providers of services to the Employer, other
than Employees and Board Members. To the extent that the services provided by an unrelated Other Service Provider meet the requirements for
exemption from coverage under Code Section 409A as described in Treasury Regulation §1.409A-1(f)(2)(i), the provisions of Code
Section 409A shall not apply. To the extent that an Other Service Provider uses an accrual method of accounting for a given taxable year,
amounts deferred under the Plan in such taxable year shall not be subject to Code Section 409A and other applicable guidance thereunder,
notwithstanding any provision of the Plan to the contrary.
2.23 Participant
“Participant” means:
(a) an Eligible Individual who meets the requirements of Section 3 and elects to make Compensation Deferrals pursuant to Section 4,
or who receives Employer Contributions pursuant to subsection 4.3; or
(b) an Employee who, immediately prior to the Spin-Off Date, had an account under the Kraft Executive Deferred Compensation
Plan (“KEDCP”), whose account was transferred to this Plan in connection with the Employee’s transfer of employment from KFGI to
Mondelēz Global LLC.
For purposes of paragraph (a), an election made by an Employee under the KEDCP with respect to Compensation earned during
2012, while the Employee was employed by KFGI, will be effective with respect to the Employee’s Compensation earned during 2012
while the Employee is an Eligible Individual without the need to make new Compensation Deferrals for the year.
2.24 Participant Deferrals
“Participant Deferrals” means all amounts deferred by a Participant under this Plan, including Participant Compensation Deferrals,
Participant Non-Performance Based Bonus, Deferrals, and Participant Performance-Based Bonus Deferrals.
2.25 Performance-Based Bonus
“Performance-Based Bonus”
generally means Compensation where the amount of, or entitlement to, the compensation is contingent on the
satisfaction of previously established organizational or individual performance criteria relating to a performance period of at least 12 consecutive
months in which the Eligible Individual performs services, pursuant to rules described in Treas. Reg. § 1.409A-1(e).
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