Mondelez 2012 Annual Report Download - page 487

SECTION 5. NOTIONAL INVESTMENTS
5.1 Investment Funds
The Employer may designate, in its discretion, one or more Investment Funds for the notional investment of Participants’ Accounts. The
Employer, in its discretion, may from time to time establish new Investment Funds or eliminate existing Investment Funds. The Investment
Funds are for recordkeeping purposes only and do not allow Participants to direct any Employer assets (including, if applicable, the assets of any
trust related to the Plan). Each Participant’s Accounts shall be adjusted pursuant to the gains, losses and expenses experienced by the
Participant’s notional investment elections made in accordance with this Section 5, except as otherwise determined by the Employer or
Administrator in their sole discretion. The availability of an Investment Fund shall not give, or be deemed for any purpose to give, a Participant
an interest in any asset or investment held by the Employer for any purpose.
5.2 Investment Fund Elections
The Employer shall have full discretion in the direction of notional investments of Participants’ Accounts under the Plan; provided,
however, that if the Employer so elects in the Adoption Agreement, each Participant may elect from among the Investment Funds for the
notional investment of such of his Accounts as are permitted under the Adoption Agreement from time to time in accordance with procedures
established by the Employer. The Administrator, in its discretion, may adopt (and may modify from time to time) such rules and procedures as it
deems necessary or appropriate to implement the notional investment of the Participant’s Accounts. Such procedures may differ among
Participants or classes of Participants, as determined by the Employer or the Administrator in its discretion. The Employer or Administrator may
limit, delay or restrict the notional investment of certain Participants’ Accounts, or restrict allocation or reallocation into specified notional
investment options, in accordance with rules established in order to comply with Employer policy and applicable law, to minimize regulated
filings and disclosures, or under any other circumstances in the discretion of the Employer. Any deferred amounts subject to a Participant’s
investment election that must be so limited, delayed or restricted under such circumstances may be notionally invested in an Investment Fund
designated by the Administrator, or may be credited with earnings at a rate determined by the Administrator, which rate may be zero. A
Participant’s notional investment election shall remain in effect until later changed in accordance with the rules of the Administrator. If a
Participant does not make a notional investment election, all deferrals by the Participant and contributions on his behalf will be deemed to be
notionally invested in the Investment Fund designated by the Employer for such purpose, or, at the Employer’s election, may remain uninvested
until such time as the Administrator receives proper direction, or may be credited with earnings at a rate determined by the Administrator or
Employer, which rate may be zero.
5.3 Investment Fund Transfers
A Participant may elect that all or a part of his notional interest in an Investment Fund shall be transferred to one or more of the other
Investment Funds. A Participant may make such notional Investment Fund transfers in accordance with rules established from time to time by
the Employer or the Administrator, and in accordance with subsection 5.2.
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