VMware 2013 Annual Report Download - page 122
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contractor to be treated as having incurred a Separation from Service. If a Participant ceases providing services
as an independent contractor and begins providing services as an employee, or ceases providing services as an
employee and begins providing services as an independent contractor, the Participant will not be considered to
have experienced a Separation from Service until the Participant has ceased providing services in both
capacities.
If a Participant provides services both as an employee and as a member of the board of directors of a corporate
Related Employer (or an analogous position with respect to a noncorporate Related Employer), the services
provided as a director are not taken into account in determining whether the Participant has incurred a
Separation from Service as an employee for purposes of a nonqualified deferred compensation plan in which the
Participant participates as an employee that is not aggregated under Code Section 409A with any plan in which
the Participant participates as a director.
If a Participant provides services both as an employee and as a member of the board of directors of a corporate
related Employer (or an analogous position with respect to a noncorporate Related Employer), the services
provided as an employee are not taken into account in determining whether the Participant has experienced a
Separation from Service as a director for purposes of a nonqualified deferred compensation plan in which the
Participant participates as a director that is not aggregated under Code Section 409A with any plan in which the
Participant participates as an employee.
All determinations of whether a Separation from Service has occurred will be made in a manner consistent with
Code Section 409A and the final regulations thereunder.
214
2.24 “Unforeseeable Emergency” means a severe financial hardship of the Participant resulting from an illness or
accident of the Participant, the Participant’s spouse, the Participant’s Beneficiary, or the Participant’s dependent
(as defined in Code Section 152, without regard to Code section 152(b)(1), (b)(2) and (d)(1)(B); loss of the
Participant’s property due to casualty; or other similar extraordinary and unforeseeable circumstances arising as
a result of events beyond the control of the Participant.
2.25
“Valuation Date”
means each business day of the Plan Year that the New York Stock Exchange is open.