Saks Fifth Avenue 2008 Annual Report Download - page 172

The Committee, in its sole discretion, shall determine whether or not the Participant has suffered an Unforeseeable Emergency.
2.38 “Unforeseeable Emergency” means:
(a) a severe financial hardship of the Participant resulting from an illness or accident of the Participant or the Participant’s
Beneficiary, spouse, or dependent as defined in section 152 of the Code, without regard to section 152(b)(1), (b)(2), and (d)
(1)(B);
(b) loss of the Participant’s property due to casualty (including the need to rebuild a home following damage to the home not
otherwise covered by insurance);
(c) the imminent foreclosure or eviction from the Participant’s primary residence;
(d) the need to pay for medical expenses (including non-refundable deductibles and prescription drugs);
(e) the need to pay funeral expenses of a spouse, Beneficiary, or dependent; and
(f) other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the
Participant.
2.39 “Valuation Date” means each business day that the applicable trading markets and the Plan’s record keeper are open for
business, or such other dates as the Committee, in its discretion, may designate.
12/14/2008
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