Sprint - Nextel 2011 Annual Report Download - page 172

(e) “Bylaws” means the Amended and Restated Sprint Nextel Corporation Bylaws, as may be amended from time to
time.
(f) “Capped Bonus Award” shall mean the lesser of the annual Target Bonus or actual performance for such fiscal
year in accordance with the then existing terms of the STIP, which shall not be payable until the Compensation Committee has
determined that any incentive targets have been achieved and the subsequent designated payout date has arrived.
(g) “Cause” shall mean:
(i) any act or omission constituting a material breach by the Executive of any provisions of this Agreement;
(ii) the willful failure by the Executive to perform his duties hereunder (other than any such failure resulting from the
Executive’s Disability), after demand for performance is delivered by the Company that identifies the manner in which the
Company believes the Executive has not performed his duties, if, within 30 days of such demand, the Executive fails to cure
any such failure capable of being cured;
(iii) any intentional act or misconduct materially injurious to the Company or any Subsidiary, financial or otherwise,
or including, but not limited to, misappropriation, fraud including with respect to the Company’s accounting and financial
statements, embezzlement or conversion by the Executive of the Company’s or any of its Subsidiary’s property in connection
with the Executive’s duties or in the course of the Executive’s employment with the Company;
(iv) the conviction (or plea of no contest) of the Executive for any felony or the indictment of the Executive for any
felony including, but not limited to, any felony involving fraud, moral turpitude, embezzlement or theft in connection with the
Executive’s duties or in the course of the Executive’s employment with the Company;
(v) the commission of any intentional or knowing violation of any antifraud provision of the federal or state securities
laws;
(vi) the Board reasonably believes in its good faith judgment that the Executive has committed any of the acts
referred to in this Section 29(g)(vi);
(vii) there is a final, non-appealable order in a proceeding before a court of competent jurisdiction or a final order in
an administrative proceeding finding that the Executive committed any willful misconduct or criminal activity (excluding
minor traffic violations or other minor offenses) which commission is materially inimical to the interests of the Company or
any Subsidiary, whether for his personal benefit or in connection with his duties for the Company or any Subsidiary;
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