AMD 2007 Annual Report Download - page 186

established by the Board. In the event that a separate policy is not established by the Board, this determination shall be made by the Committee in
accordance with Code Sections 409A, Treasury Regulation Section 1.409A-1(i) and this Section. This designation shall be made following each
calendar year and shall apply during the entire determination year, which shall be the period from April 1st through March 31st immediately
following each calendar year. The Committee shall make this determination based on (i) the Company’s active U.S. employee census on
December 31st of the calendar year preceding the determination year; and (ii) the compensation for each such employee as determined under the
Company’s 401(k) plan (without application of the compensation limit under Code Section 401(a)(17)).
(ee) Unforeseeable Financial Emergency: An Unforeseeable Financial Emergency is a severe financial hardship to the Participant resulting from any
of the following:
(1) An illness or accident of the Participant or the illness or accident of the Participant’s spouse or dependent (as defined in Code
Section 152(a));
(2) Loss of the Participant’s property due to casualty; or
(3) Any other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the Participant’s control.
Any determination of Unforeseeable Financial Emergency under shall be made in accordance with the requirements of Code Section 409A and any
guidance issued thereunder.
(ff) Valuation Date: Each day the New York Stock Exchange (NYSE) is open for business.
1.2 Number and Gender. Wherever appropriate herein, words used in the singular shall be considered to include the plural, and words used in the plural shall
be considered to include the singular. The masculine gender, where appearing in the Plan, shall be deemed to include the feminine gender.
1.3 Headings. The headings of Articles and Sections herein are included solely for convenience, and if there is any conflict between such headings and the
text of the Plan, the text shall control.
ARTICLE II.
PARTICIPATION
2.1 Participation.
(a) Prior to the first day of each Plan Year, the Committee, in its absolute discretion, shall determine and notify those Employees who are newly eligible
to become Participants. Any such “Eligible Employee” shall become a Participant in the Plan by electing to defer a portion of his Compensation by
filing with the Committee an election that conforms to the requirements of this Article, on a form or electronic method provided by the Committee,
during the Election Period.
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Source: ADVANCED MICRO DEVIC, 10-K, February 26, 2008