Pier 1 2008 Annual Report Download - page 136

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ARTICLE X
RESALE OF STOCK ACQUIRED FROM THE PLAN
Participants who are deemed to be “affiliates” of Pier 1 Imports, Inc. within the meaning of the Securities
Act of 1933 (“Act”) may sell or transfer such shares only in accordance with the provisions of Rule 144 under
such Act, in a transaction otherwise exempt from registration under such Act or pursuant to an effective
registration under such Act. Additionally, all sales of Common Stock shall be subject to and in compliance
with the Pier 1 Imports, Inc. insider trading policies and procedures and all applicable laws, rules and
regulations.
ARTICLE XI
MISCELLANEOUS
Neither the act of establishing the Plan nor any provision hereof or action taken hereunder shall be
construed as giving any Participant the right to be retained as an employee or Director of the Company, and
the right of the Company to dismiss or discharge any employee, and the right of the shareholders of Pier 1
Imports, Inc. to elect Directors of Pier 1 Imports, Inc., are specifically reserved.
Pier 1 Imports, Inc. may require compliance with or satisfaction of any legal requirement which may be
deemed by it necessary as a condition for participation in the Plan or for distribution or payment of interests
or benefits thereunder.
By his act of participating in the Plan, or of accepting any benefits hereunder, a Participant and any
person claiming under or through him shall thereby be conclusively deemed to have accepted and consented to
the application to him of the provisions of the Plan.
Neither Pier 1 Imports, Inc. nor any of its subsidiaries both corporate and non-corporate (including, but
not limited to, any statutory trust), nor any Director, officer, employee or agent of Pier 1 Imports, Inc. or any
of its subsidiaries both corporate and non-corporate (including, but not limited to, any statutory trust), warrants
or represents in any way to any Participant that the value of Common Stock will increase or will not decrease
or that dividends will be paid on Common Stock, either at all or at any particular level. Each Participant
assumes all risks in connection with changes in value of Common Stock and all risks that dividends may not
be paid, either at all or at any particular level.
Any words used herein in the masculine gender shall be construed as though they were used in the
feminine gender wherever appropriate.
Upon voluntary or automatic withdrawal by a Participant from the Plan, shares may be distributed from
the Plan electronically in book-entry form and may include fractional shares. If the Company elects to
distribute only full shares from the Plan, then any fractional shares shall be valued at a fair market value and
distributed in cash in conjunction with the distribution of full shares.
The Plan is hereby amended and restated in its entirety effective as of June 26, 2008, subject to
shareholder approval as stated above.
ARTICLE XII
DEFINITIONS
For the purpose of the Plan, unless the context clearly or necessarily indicates the contrary, the following
words and phrases shall have the meanings set forth in the definitions below:
a. “Account” shall mean the separate Account established and maintained for each Participant
pursuant to Article VIII hereof.
b. “Administrative Committee” shall mean the committee which may be from time to time formed
to assist Pier 1 Imports, Inc. in the administration of the Plan, the members of which shall be appointed
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