Apple 1999 Annual Report Download - page 103

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Exhibit 10.A.6
APPLE COMPUTER, INC.
EMPLOYEE STOCK PURCHASE PLAN
(AS AMENDED THROUGH 10/6/99)
The following constitute the provisions of the Employee Stock Purchase Plan (herein called the "Plan") of Apple Computer, Inc. (herein called
the "Company").
1. PURPOSE. The purpose of the Plan is to provide employees of the Company and its subsidiaries with an opportunity to purchase Common
Stock of the Company through payroll deductions. It is the intention of the Company to have the Plan qualify as an "Employee Stock Purchase
Plan" under Section 423 of the Internal Revenue Code of 1986. The provisions of the Plan shall, accordingly, be construed so as to extend and
limit participation in a manner consistent with the requirements of that section of the Code.
2. DEFINITIONS.
(a) "BOARD" shall mean the Board of Directors of the Company.
(b) "COMMON STOCK" shall mean the Common Stock, no par value, of the Company.
(c) "COMPANY" shall mean Apple Computer, Inc., a California corporation.
(d) "COMPENSATION" shall mean all regular straight time earnings, payments for overtime, shift premium, incentive compensation,
incentive payments, bonuses and commissions (except to the extent that the exclusion of any such items is specifically directed by the Board or
its committee).
(e) "DESIGNATED SUBSIDIARIES" shall mean the Subsidiaries which have been designated by the Board from time to time in its sole
discretion as eligible to participate in the Plan.
(f) "EMPLOYEE" shall mean:
(1) any person, including an officer, who is customarily employed for at least twenty (20) hours per week and more than five (5) months in a
calendar year by the Company or one of its Designated Subsidiaries.
(2) Notwithstanding subsection (1), a different rule shall apply to an individual during any period (A) he or she receives compensation which is
not initially treated by the Company as "wages": for payroll tax purposes, (i.e. payments to such individual are not initially subjected by the
Company to income tax, FICA tax, or other withholdings applicable to wages), if (B) he or she is ultimately determined to have been a
common law employee of the Company during the period, although initially reported as an independent contractor or treated as employed by a
payroll agency for the period in question.
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