Netgear 2012 Annual Report Download - page 136

Common Stock under the Plan shall be returned to such participant or, in the case of his or her death, to the person or persons
entitled thereto under Section 15 hereof, and such participant’s option shall be automatically terminated.
12. Interest . No interest shall accrue on the payroll deductions of a participant in the Plan.
13.
Stock .
(a)
Subject to adjustment upon changes in capitalization of the Company as provided in Section 19
hereof, the maximum number of shares of the Company’
s Common Stock which shall be made available for sale under
the Plan shall be 1,000,000 shares of Common Stock.
(b)
Until the shares are issued (as evidenced by the appropriate entry on the books of the Company or of
a duly authorized transfer agent of the Company), a participant shall only have the rights of an unsecured creditor with
respect to such shares, and no right to vote or receive dividends or any other rights as a stockholder shall exist with
respect to such shares.
(c)
Shares of Common Stock to be delivered to a participant under the Plan shall be registered in the
name of the participant or in the name of the participant and his or her spouse.
14.
Administration
. The Administrator shall administer the Plan and shall have full and exclusive discretionary
authority to construe, interpret and apply the terms of the Plan, to determine eligibility and to adjudicate all disputed claims filed
under the Plan. Every finding, decision and determination made by the Administrator shall, to the full extent permitted by law, be
final and binding upon all parties.
15.
Designation of Beneficiary .
(a)
A participant may file a written designation of a beneficiary who is to receive any shares and cash, if
any, from the participant’s account under the Plan in the event of such participant’
s death subsequent to an Exercise Date
on which the option is exercised but prior to delivery to such participant of such shares and cash. In addition, a participant
may file a written designation of a beneficiary who is to receive any cash from the participant’
s account under the Plan in
the event of such participant’
s death prior to exercise of the option. If a participant is married and the designated
beneficiary is not the spouse, spousal consent shall be required for such designation to be effective.
(b)
Such designation of beneficiary may be changed by the participant at any time by written notice. In
the event of the death of a participant and in the absence of a beneficiary validly designated under the Plan who is living
at the time of such participant’
s death, the Company shall deliver such shares and/or cash to the executor or administrator
of the estate of the participant, or if no such executor or administrator has been appointed (to the knowledge of the
Company), the Company, in its discretion, may deliver such shares and/or cash to the spouse or to any one or more
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