Saks Fifth Avenue 2008 Annual Report Download - page 182

Notwithstanding anything to the contrary in this Plan, the Plan Administrator may delay the timing of payment of all or a portion
of amounts otherwise payable to a Participant under this Plan if (a) calculation of the amount payable is not administratively
practicable due to events beyond the control of the Participant, or (b) the making of the payment would jeopardize the ability of
the Company as an ongoing concern. In which case, payment of the amounts otherwise payable shall be made during the first
taxable year in which such calculation is administratively practicable, or the making of the payment would not have such effect,
as applicable.
If, at the time of distribution, the Participant does not tender to the Corporation an amount equal to the amount required to be
withheld for income taxes due as a result of the distribution, then the Participant shall be deemed to have authorized the
Corporation to withhold enough of the distribution to pay such tax withholding amount.
Notwithstanding the above, the Committee may establish such rules and procedures as it deems appropriate regarding
distributions from the Plan, provided that any such rules and procedures may not conflict with the requirements of Code section
409A and the regulations thereunder.
5.12 Delay in Distributions.
5.13 Tax Withholdin
g
.
5.14 Committee Rules and Procedures
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