Tech Data 2014 Annual Report Download - page 195

(iii) other than in the case of death of the Holder, approved retirement as determined by the Committee or
its designee (“Retirement”)
or disability of the Holder within the meaning of Section 22(e) (3) of the Code
("Disability"), 90 days after termination of the employment or other relationship between the Company and the Holder
other than as set forth in Section 9(i) above.
An employment relationship between the Company and the Holder shall be deemed to exist during any period
during which the Holder is employed by the Company or by any Subsidiary. Whether authorized leave of absence or
absence on military government service shall constitute termination of the employment relationship between the
Company and the Holder shall be determined by the administrator, designated by the Committee at the time thereof.
If the Holder’
s employment terminates because of a Retirement, the term of this MVSSAR shall then terminate
one year following the date on which the Holder’
s employment was terminated or if earlier, at the expiration of the term
of this MVSSAR.
In the event of the death or Disability of the Holder during employment or other relationship with the Company
and before the date of expiration of the MVSSAR, the MVSSAR shall become immediately and fully exercisable and
the term of this MVSSAR shall then terminate one year following the date of such death or disability or at the expiration
of the term of this MVSSAR, if earlier. In the case of death of the Holder, the Holder's executors, administrators or any
person or persons to whom this MVSSAR may be transferred by will or by laws of descent and distribution, shall have
the right, at any time prior to termination of this MVSSAR, to fully exercise this MVSSAR.
Section 10. No Compensation Deferrals .
Neither the Plan nor this Agreement is intended to provide for an
elective deferral of compensation that would be subject to Section 409A (“Section 409A”)
of the Code. The Company
reserves the right, to the extent the Company deems necessary or advisable in its sole discretion, to unilaterally amend or
modify the Plan and/or this Agreement to ensure that no grants (including without limitation, this MVSSAR) become
subject to Section 409A, provided, however, the Company makes no representation that this MVSSAR is not subject to
Section 409A nor makes any undertaking to preclude Section 409A from applying to this MVSSAR.
Section 11. Electronic Delivery and Acceptance .
The Company may in its sole discretion, decide to deliver
any documents related to the MVSSAR granted under the Plan, and participation in the plan on future MVSSAR that
may be granted under the Plan, by electronic means or to request the Holder’
s consent to participate in the Plan by
electronic means. The Holder hereby consents to receive such documents by electronic delivery and; if requested, to
participate in the Plan through an on-
line (and/or voice activated) system established and maintained by the Company or
another third party designated by the Company. If required by local law or by the Company, the Holder may be required
to print out, sign and return to the Company the electronic document and/or this Agreement indicating his or her consent
to participate in the Plan. In addition, if the Participant does
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