SanDisk 2013 Annual Report Download - page 90

Interval in which such withdrawal occurs shall be refunded as soon as administratively
practicable.
(ii) The Participant’s withdrawal from a particular offering period shall be irrevocable, and
the Participant may not subsequently rejoin that offering period at a later date. In order to
resume participation in any subsequent offering period, such individual must re-enroll in the Plan
(by making a timely filing of the prescribed enrollment forms) on or before the start date of that
offering period.
H. Termination of Purchase Right. The following provisions shall govern the termination of
outstanding purchase rights:
Should the Participant cease to remain an Eligible Employee for any reason (including death,
disability or change in status) while his or her purchase right remains outstanding, then that purchase
right shall immediately terminate, and all of the Participant’s payroll deductions for the Purchase
Interval in which the purchase right so terminates shall be refunded (in the currency in which the
Participant is paid) as soon as administratively practicable. The Plan Administrator shall determine
whether and when a Participant shall be deemed to have ceased Eligible Employee status.
(i) However, should the Participant cease to remain in active service by reason of an
approved leave of absence, then the Participant shall have the right, exercisable at any time prior
to the last business day of the Purchase Interval in which such leave commences, to (a) withdraw
all the payroll deductions collected to date on his or her behalf for that Purchase Interval or
(b) have such funds held for the purchase of shares on his or her behalf on the next scheduled
Purchase Date. In no event, however, shall any further payroll deductions be collected on the
Participant’s behalf during an unpaid leave of absence. Upon the Participant’s return to active
service (x) within three (3) months following the commencement of such leave or (y) prior to the
expiration of any longer period for which such Participant is provided with rights to
reemployment with the Corporation by statute or contract, his or her payroll deductions under
the Plan shall automatically resume at the rate in effect at the time the leave began (whether or
not a new offering period may have commenced), unless the Participant withdraws from the Plan
prior to his or her return. An individual who returns to active employment following a leave of
absence that exceeds in duration the applicable (x) or (y) time period will be treated as a new
employee for purposes of subsequent participation in the Plan and must accordingly re-enroll in
the Plan (by making a timely filing of the prescribed enrollment forms) on or before the start date
of any subsequent offering period in which he or she wishes to participate.
I. Transfer of Employment. In the event that a Participant is transferred and becomes an
employee of the Corporation (or any Corporate Affiliate which is a participating corporation under
the U.S. Plan) during an offering period under the Plan, such individual shall continue to remain a
Participant in the Plan, and payroll deductions shall continue to be collected until the next purchase
date as if the Participant had remained an Eligible Employee.
In the event that an individual who is a participant in the U.S. Plan is transferred and becomes an
Eligible Employee under the Plan during an offering period in effect under the U.S. Plan, such
individual shall automatically become a Participant under the Plan for the duration of the offering
period in effect at that time under the Plan and the balance in such individual’s book account
maintained under the U.S. Plan shall be transferred as a balance to a book account opened for such
individual under the Plan. Such balance, together with all other payroll deductions collected from such
individual by the Participating Corporation for the remainder of the offering period under the Plan (as
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