Avnet 2013 Annual Report Download - page 137

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a Separation from Service on the first date that is more than six months after the commencement of such
leave of absence. However, if the leave of absence is due to any medically determinable physical or
mental impairment that can be expected to last for a continuous period of six months or more, and such
impairment causes the individual to be unable to perform the duties of his position of employment or any
substantially similar position of employment, the preceding sentence shall be deemed to refer to a 29-
month period rather than to a six-month period; and
Rules of Construction
(2)
A sale of assets to an unrelated buyer that results in an individual working for the buyer or one of its
affiliates shall constitute a Separation from Service for such individual unless the Company, with the
buyer's written consent, provides otherwise in writing before the closing of such sale.
(w)
“SERP” means the Avnet Supplemental Executive Officers' Retirement Plan, as in effect and amended from
time to time.
(x)
“
Trust
”
means a grantor trust established pursuant to a trust agreement or other written instrument that (a) states
that the assets of such trust are subject to claims of creditors of the Company in the event of its bankruptcy or
insolvency, (b) states that such trust shall be irrevocable until all claims for benefits under the plans, programs,
agreements, and other arrangements covered by such trust have been satisfied, and (c) complies with the
applicable provisions of Section 409A of the Code.
(a)
Gender and Number . Words used in the masculine gender shall be deemed to refer to females as well as males.
Unless otherwise expressly provided, words used in the singular form shall include the plural form, where
appropriate, and vice versa.
(b)
Include . The words “include” and “including”
shall mean including, but not limited to.
(c)
Statutes and Regulations . Each reference to a statute or regulation or to a statutory or regulatory provision shall
refer to that provision (or to a successor provision of similar import) as currently in effect, as amended, or as
reenacted, and to any regulations and other formal guidance of general applicability issued thereunder.
(d)
Laws . Each reference to a law shall include any statute, regulation, rule, court case, or other requirement
established by an exchange or a governmental authority or agency, and applicable law shall include any tax law
that imposes requirements in order to avoid adverse tax consequences.
(e)
Headings
. Headings at the beginning of articles and sections hereof are for convenience of reference, shall not be
considered a part of the text of the Plan, and shall not influence its construction.
(f)
Context . The provisions of the Plan shall be construed as a whole in such manner as to carry out the provisions
and purpose thereof, and shall not be construed separately without relation to the context.
(g)
Timing of Payments
.
Avnet Restoration Plan
2013 Restatement
Page
4