Mondelez 2012 Annual Report Download - page 496

violate securities or other applicable laws; (iii) that would violate loan covenants or other contractual terms to which an Employer is a party, but
only where such a violation would result in jeopardizing the ability of the Employer to continue as a going concern, deferral of such payments
may be made by the Employer at the Employer’s discretion. In the case of a payment described in (i) above, the payment must be deferred either
to a date in the first year in which the Employer or Administrator reasonably anticipates that a payment of such amount would not result in a
limitation of a deduction with respect to the payment of such amount under Section 162(m), or, if later, the period which begins on the
Participant’s Termination Date and ends on the 15 day of the third month following the Termination Date. In the case of a payment described
in (ii) or (iii) above, payment will be made in the first calendar year in which the Employer or Administrator reasonably anticipates that the
violation would not result in material harm to an Employer, or the payment would not result in a violation of securities or other applicable laws.
Payments intended to pay employment taxes or payments made as a result of income inclusion of an amount in a Participant’s Accounts as a
result of a failure to satisfy Section 409A of the Code shall be permitted at the Employer or Administrator’s discretion at any time and to the
extent provided in Treasury Regulations under Section 409A of the Code and IRS Notice 2005-1, Q&A-15, and any applicable subsequent
guidance. “Employment taxes” shall include Federal Income Contributions Act (FICA) tax imposed under Sections 3101 and 3121(v)(2) of the
Code on compensation deferred under the Plan (the “FICA Amount”), the income tax imposed under Section 3401 of the Code on the FICA
Amount, and to pay the additional income tax under Section 3401 of the Code attributable to the pyramiding Section 3401 wages and taxes. A
distribution may be accelerated as may be necessary to comply with certain federal, state, local, or foreign conflict of interest rules. With respect
to a subchapter S corporation, a distribution may be accelerated to avoid a nonallocation year under Code Section 409(p) with respect to a
subchapter S corporation in the discretion of the Employer or Administrator, provided that the amount distributed does not exceed 125 percent of
the minimum amount of distribution necessary to avoid the occurrence of a nonallocation year, in accordance with Treas. Reg. §1.409A-3(j)(4)
(x).
9.8 Distribution on Account of Unforeseeable Emergency
If elected by the Employer in the Adoption Agreement, if a Participant or Beneficiary incurs a severe financial hardship of the type
described below, he may request an unforeseeable emergency distribution, provided that the withdrawal is necessary to satisfy the emergency
needs of the Participant or Beneficiary. To the extent elected by the Employer in the Adoption Agreement, the ability to apply for an
unforeseeable emergency distribution may be restricted to Participants whose Termination Date has not yet occurred. Such a distribution shall
not exceed the amount required (including anticipated taxes on the distribution) to meet the emergency financial need and not reasonably
available from other resources of the Participant (including reimbursement or compensation by insurance, cessation of deferrals under this Plan
for the remainder of the Plan Year, and liquidation of the Participant’s assets, to the extent liquidation itself would not cause severe financial
hardship). Each such request for distribution due to an unforeseen emergency shall be made at such time and in such manner as the
Administrator shall determine, and shall be effective in accordance with such rules as the Administrator shall establish and publish from time to
time. An unforeseeable emergency is a severe financial hardship to the Participant resulting from:
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