Amgen 2013 Annual Report Download - page 172

(a) If the Company reasonably anticipates that the Employer’s deduction with respect to any distribution from this Plan
would be limited or eliminated by application of Code Section 162(m), then to the extent permitted by Treasury
Regulation Section 1.409A-2(b)(7)(i), payment shall be delayed as deemed necessary to ensure that the entire amount
of any distribution from this Plan is deductible. Any amounts for which distribution is delayed pursuant to this Section
shall continue to be credited or debited with additional amounts in accordance with Section 3.7. The delayed amounts (as
adjusted for any amounts credited or debited thereon) shall be distributed to the Participant (or his Beneficiary in the
event of the Participant’s death) at the earliest date the Company reasonably anticipates that the deduction of the
payment of the amount will not be limited or eliminated by application of Code Section 162(m).
(b) The Committee may delay payment if it reasonably anticipates that making the payment would violate federal securities
laws or other applicable law, provided the Committee treats all payments to similarly situated Participants on a
reasonably consistent basis and the payment is made at the earliest date at which the Committee reasonably anticipates
that the making of the payment will not cause such a violation.
8.5 Withdrawal /Cancellation of Deferrals for Unforeseeable Financial Emergencies . If the Participant experiences an
Unforeseeable Financial Emergency, the Participant may petition the Committee to receive a partial or full payout from the
Plan. The payout shall not exceed the lesser of the Participant’s then vested Account Balance or the amount reasonably needed
to satisfy the Unforeseeable Financial Emergency. If, subject to the sole discretion of the Committee, the petition for a payout is
approved, any payout shall be made within 60 days of the date of such approval. In addition, if the petition for payout is approved,
or if the Participant receives a hardship distribution from the 401(k) Plan, the Participant’s deferrals for the remainder of the
Plan Year shall be cancelled effective as of the date of such hardship distribution or approval. Any deferral for a subsequent Plan
Year must be made in accordance with Section 3.2.
8.6 Withholding of Employment Taxes Upon Distribution. The Participant’s Employer(s), or the trustee of the Trust, shall
withhold from any payments made to a Participant under this Plan all federal, state and local income, employment and other
taxes required to be withheld by the Employer(s), or the trustee of the Trust, in connection with such payments, in amounts
and in a manner to be determined in the sole discretion of the Employer(s) and the trustee of the Trust, respectively
(whichever is making the payment). The Participant’s Employer, or the trustee of the Trust, shall withhold from any payments
made to a Participant under this Plan any garnishment of wages in amounts and in a manner to be determined by the sole
discretion of the Employer(s) and the trustee of the Trust, respectively (whichever is making the payment). Except to the
extent specifically provided within this Plan or any separate written agreement between a Participant and the Employer, a
Participant shall be solely responsible for the satisfaction of any taxes with respect to the benefits payable to the Participant under
this Plan (including, but not limited to, employment taxes imposed on employees and additional taxes on nonqualified deferred
compensation). Although the Company intends and expects that the Plan and its payments and benefits will not give rise to taxes
imposed under Section 409A of the Code, neither the Company nor any other Employer, nor its employees, directors, or agents
shall have any obligation to mitigate or to hold any Participant harmless from any or all of such taxes.
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