NetSpend 2011 Annual Report Download - page 138
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An event constitutes a Change in Control with respect to a Participant only if the Participant performs services for the Participating
Employer that has experienced the Change in Control, or the Participant’s relationship to the affected Participating Employer
otherwise satisfies the requirements of Treasury Regulation Section 1.409A-3(i)(5)(ii).
Notwithstanding anything to the contrary herein, with respect to a Participating Employer that is a partnership, Change in Control
means only a change in the ownership of the partnership or a change in the ownership of a substantial portion of the assets of the
partnership, and the provisions set forth above respecting such changes relative to a corporation shall be applied by analogy.
The determination as to the occurrence of a Change in Control shall be based on objective facts and in accordance with the
requirements of Code Section 409A.
2.8
Claimant. Claimant means a Participant or Beneficiary filing a claim under Article XII of this Plan.
2.9
Code. Code means the Internal Revenue Code of 1986, as amended from time to time.
2.10
Code Section 409A. Code Section 409A means section 409A of the Code, and regulations and other guidance issued by the Treasury
Department and Internal Revenue Service thereunder.
2.11
Committee. Committee means the committee appointed by the Compensation Committee to administer the Plan. If no designation is
made, the Compensation Committee shall have and exercise the powers of the Committee.
2.12
Company. Company means NetSpend Holdings, Inc., a Delaware corporation.
2.13
Company Contribution. Company Contribution means a credit by a Participating Employer to a Participant’s Account(s) in
accordance with the provisions of Article V of the Plan. Company Contributions are credited at the sole discretion of the Participating
Employer and the fact that a Company Contribution is credited in one year shall not obligate the Participating Employer to continue to
make such Company Contribution in subsequent years. Unless the context clearly indicates otherwise, a reference to Company
Contribution shall include Earnings attributable to such contribution.
2.14
Company Stock. Company Stock means Class A common stock issued by the Company.
2.15
Compensation. Compensation means a Participant’s base salary, bonus, commission, and such other cash or equity-based
compensation (if any) approved by the Committee as Compensation that may be deferred under this Plan. Compensation shall not
include any compensation that has been previously deferred under this Plan or any other arrangement subject to Code Section 409A.
3