Qualcomm 2012 Annual Report Download - page 218

Section 222(1)(c) of the U.K. Income Tax (Earnings and Pensions) Act 2003, the amount of any uncollected
income tax shall constitute a loan owed by you to the Employer, effective on the Due Date. You agree that the
loan will bear interest at the then-current HM Revenue and Customs (“ HMRC ”) Official Rate, it will be
immediately due and repayable, and the Company or the Employer may recover it at any time thereafter by any
of the means referred to in Section 2.5(b) of the Agreement. Notwithstanding the foregoing, if you are a director
or executive officer (within the meaning of Section 13(k) of the U.S. Securities Exchange Act of 1934, as
amended) of the Company, the amount of any uncollected income tax shall not constitute a loan owed by you to
the Employer. In the event that income tax is not collected from or paid by a director or executive officer of the
Company by the Due Date, the amount of any uncollected income tax may constitute a benefit to such director or
executive officer on which additional income tax and National Insurance Contributions may be payable. If you
are a director or executive officer of the Company, you understand that you will be responsible for reporting any
income tax and National Insurance Contributions due on this additional benefit directly to the HMRC under the
self-assessment regime.
3. Tax Advice. You acknowledge that you may be subject to U.S. federal, state, local, and/or non-U.S.
income tax and social insurance obligations arising from this Performance Stock Unit Award. You represent, warrant
and acknowledge that the Company and, if different, your Employer, has made no warranties or representations to you
with respect to the income tax or social insurance consequences of the transactions contemplated by this Agreement, and
you are in no manner relying on the Company, your Employer or their representatives for an assessment of such tax
consequences. YOU UNDERSTAND THAT THE TAX AND SOCIAL INSURANCE LAWS AND REGULATIONS
ARE SUBJECT TO CHANGE. YOU SHOULD CONSULT YOUR OWN TAX ADVISOR REGARDING THE TAX
TREATMENT OF ANY PERFORMANCE STOCK UNITS. NOTHING STATED HEREIN IS INTENDED OR
WRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF AVOIDING TAXPAYER
PENALTIES.
4. Dividend Equivalents. If the Board declares a cash dividend on the Company's Stock, you will be
entitled to Dividend Equivalents on the dividend payment date established by the Company equal to the cash dividends
payable on the same number of shares of Stock as the number of Shares Earned and the number of any Target Shares to
which you are entitled upon termination of Service due to death or Disability (“ Target Shares Earned ”) subject to this
Performance Stock Unit Award on the dividend record date established by the Company. Any such Dividend
Equivalents will be in the form of additional Shares Earned and/or Target Shares Earned, will be subject to the same
terms and vesting dates as the underlying Shares Earned and/or Target Shares Earned, and will be paid at the same time
and in the same manner as the underlying Shares Earned and/or Target Shares Earned originally subject to this
Performance Stock Unit Award, except that any fractional shares attributable to Dividend Equivalents will be paid in
cash within thirty (30) days following the date of payment of the Shares Earned and/or Target Shares Earned based on
the Fair Market Value (as specified in Section 2.5, above) on the date of payment of the Shares Earned and/or Target
Shares Earned. The number of additional Shares Earned and/or Target Shares Earned credited as Dividend Equivalents
on the dividend payment date will be determined by dividing (1) the product of (a) the number of your Shares Earned
and/or Target Shares Earned as of the corresponding dividend record date (including any
8