Sprint - Nextel 2011 Annual Report Download - page 185

1.2.28 Plan Statement – this document entitled "Sprint Nextel Deferred Compensation Plan" as adopted by Sprint Nextel effective
January l, 2006, and as the same may be amended from time to time thereafter.
1.2.29 Plan Year – the calendar year.
1.2.30 Pre-Tax Contributions – contributions made to the Plan pursuant to the provisions of Section 2.2.1.
1.2.31 Pre-Tax Contribution Account – the Account(s) maintained for a Participant to which is credited such Participant's Pre-Tax
Contributions.
1.2.32 Recapitalization Multiple – the "recapitalization multiple" as defined in the Separation and Distribution Agreement.
1.2.33 Record Date – the "record date" as defined in the Separation and Distribution Agreement.
1.2.34 Separation and Distribution Agreement – the Separation and Distribution Agreement by and between Sprint Nextel an
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Embarq for the purpose of separating Sprint Nextel's existing businesses into two independent businesses and distributing on a pro rata
basis to holders of Sprint Nextel common stock all of the outstanding shares of common stock of Embarq.
1.2.35 Separation From Service – shall mean a "separation from service" from Sprint Nextel and its subsidiaries as described unde
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Code Section 409A and the guidance and Treasury regulations issued thereunder. Except as otherwise required to comply with Code
Section 409A, an employee shall be considered not to have had a Separation From Service where the level of bona fide services
performed continues at a level that is at least 21 percent or more of the average level of service performed by the employee during the
immediately preceding 36-month period (or if providing services for less than 36 months, such lesser period) after taking into account
any services that the Participant provided prior to such date and that Sprint Nextel and the Participant reasonably anticipate the
Participant may provide (whether as an employee or independent contractor) after such date.
For purposes of the determination of whether a Participant has had a “separation from service” as described under Code Section 409A
and the guidance and Treasury regulations issued thereunder, the terms “Sprint Nextel,” “employer” and “service recipient” mean
Sprint Nextel Corporation and any affiliate with which Sprint Nextel Corporation would be considered a single employer under Code
Section 414(b) or 414(c), provided that in applying Code Sections 1563(a)(1), (2), and (3) for purposes of determining a controlle
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group of corporations under Code Section 414(b), the language “at least 50 percent” is used instead of “at least 80 percent” each place
it appears in Code Sections 1563(a)(1), (2) and (3), and in applying Treasury Regulation Section 1.414(c)-2 for purposes o
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determining trades or businesses (whether or not incorporated) that are under common control for purposes of Code Section 414(c),
“at least 50 percent” is used
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