AMD 2005 Annual Report Download - page 141

Download and view the complete annual report

Please find page 141 of the 2005 AMD annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 154

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146
  • 147
  • 148
  • 149
  • 150
  • 151
  • 152
  • 153
  • 154

Exhibit 10.17(c)
Third Amendment to the
Advanced Micro Devices, Inc. Executive Investment Account Plan
R E C I T A L S:
WHEREAS, Advanced Micro Devices, Inc. (the “Company”) previously adopted the Advanced Micro Devices, Inc. Executive Investment Account Plan
(the “Plan”) as a nonqualified deferred compensation plan; and
WHEREAS, the American Jobs Creation Act of 2004 added Section 409A to the Internal Revenue Code of 1986, as amended (the “Code”), which applies
to non-qualified deferred compensation plans as of January 1, 2005; and
WHEREAS, Internal Revenue Service Notice 2005-1 (“Notice 2005-1”), permitted employers to amend previously adopted nonqualified deferred
compensation plans to allow participants to make new Compensation elections under the Plan’s terms for amounts to be received during the calendar year ending
December 31, 2005, provided, however, that such elections had to be filed on or before March 15, 2005, and to revoke any previously submitted Compensation
deferral elections; and
WHEREAS, the Company permitted its employees who are designated as Participants to make special deferral elections and to terminate their previously
submitted deferral elections under this transition rule; and
WHEREAS, the Company desires to amend the Plan’s terms to document the ability for its employees to submit such elections as required in Notice
2005-1; and
WHEREAS, prior to December 31, 2006, or such later date as may be authorized in future regulatory guidance under Code Section 409A, this Plan shall
be further amended to document the manner in which the Plan complies with Code Section 409A and the regulatory guidance issued under such provision.
NOW THEREFORE, the Company hereby amends the Plan as follows:
1. Section 3.1 of the Plan by adding the following new Subsection (e) to the end thereof:
“(e)Special Deferral Election Termination Right. Pursuant to the authority granted by Q&A 20(a) of Notice 2005-1, and notwithstanding any other
limitation contained in Article III of the Plan, each Participant may file a separate election to terminate a previously submitted election to defer some or all
of his Compensation for the Plan Year ending December 31, 2005, provided that such election shall apply to all of his deferrals of Compensation for the
Plan Year ending December 31, 2005 and such amounts shall be distributed from the Plan not later than December 31, 2005.”
1
Source: ADVANCED MICRO DEVIC, 10-K, February 27, 2006