NetSpend 2011 Annual Report Download - page 137

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2.4
Affiliate. Affiliate means a corporation, trade or business that, together with the Company, is treated as a single employer under Code
Section 414(b) or (c).
2.5
Beneficiary. Beneficiary means a natural person, estate, or trust designated by a Participant to receive payments to which a
Beneficiary is entitled in accordance with provisions of the Plan. The Participant’s spouse, if living, otherwise the Participant’s estate,
shall be the Beneficiary if: (i) the Participant has failed to properly designate a Beneficiary, or (ii) all designated Beneficiaries have
predeceased the Participant.
A former spouse shall have no interest under the Plan, as Beneficiary or otherwise, unless the Participant designates such person as a
Beneficiary after dissolution of the marriage, except to the extent provided under the terms of a domestic relations order as described
in Code Section 414(p)(1)(B).
2.6
Business Day . Business Day means each day on which the New York Stock Exchange is open for business.
2.7
Change in Control . Change in Control means, with respect to a Participating Employer that is organized as a corporation, any of the
following events: (i) a change in the ownership of the Participating Employer, (ii) a change in the effective control of the Participating
Employer, or (iii) a change in the ownership of a substantial portion of the assets of the Participating Employer.
For purposes of this Section, a change in the ownership of the Participating Employer occurs on the date on which any one person, or
more than one person acting as a group, acquires ownership of stock of the Participating Employer that, together with stock held by
such person or group constitutes more than 50% of the total fair market value or total voting power of the stock of the Participating
Employer. A change in the effective control of the Participating Employer occurs on the date on which either: (i) a person, or more
than one person acting as a group, acquires ownership of stock of the Participating Employer possessing 30% or more of the total
voting power of the stock of the Participating Employer, taking into account all such stock acquired during the 12-month period
ending on the date of the most recent acquisition, or (ii) a majority of the members of the Participating Employer’s Board of Directors
is replaced during any 12-month period by directors whose appointment or election is not endorsed by a majority of the members of
such Board of Directors prior to the date of the appointment or election, but only if no other corporation is a majority shareholder of
the Participating Employer. A change in the ownership of a substantial portion of assets occurs on the date on which any one person,
or more than one person acting as a group, other than a person or group of persons that is related to the Participating Employer,
acquires assets from the Participating Employer that have a total gross fair market value equal to or more than 40% of the total gross
fair market value of all of the assets of the Participating Employer immediately prior to such acquisition or acquisitions, taking into
account all such assets acquired during the 12-month period ending on the date of the most recent acquisition.
2