Sprint - Nextel 2011 Annual Report Download - page 186

instead of “at least 80 percent” each place it appears in Treasury Regulation Section 1.414(c)-2.
1.2.36 Specified Employee – shall mean a Participant who is a "specified employee" for purposes of Code Section 409A, as
administratively determined by the Board of Directors of Sprint Nextel in accordance with the guidance and Treasury regulations
issued under Code Section 409A.
1.2.37 Sprint Nextel – Sprint Nextel Corporation, a Kansas corporation. References herein to Sprint Nextel shall also refer to any
successor of Sprint Nextel that adopts the Plan. Except as hereinafter provided, functions generally assigned to Sprint Nextel shall be
discharged by the Committee or delegated and allocated as provided herein.
1.2.38 Sprint Nextel Share Unit – a phantom share unit representing a share of Sprint Nextel's common stock.
1.2.39 Sprint Nextel Share Unit Fund – the Investment Fund comprised solely of Sprint Nextel Share Units.
1.2.40 Subsequent Deferral Election Form – the form prescribed by the Committee pursuant to which a Participant may elect to
change the time or form of distribution of his or her Pre-Tax Contribution Account.
1.2.41 Valuation Date – each Annual Valuation Date and the last business day of each calendar month.
1.3 Rules of Interpretation. An individual shall be considered to have attained a given age on such individual's birthday for that age (an
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not on the day before). Individuals born on February 29 in a leap year shall be considered to have their birthdays on February 28 in each yea
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that is not a leap year. Whenever appropriate, words used herein in the singular may be read in the plural, or words used herein in the plural
may be read in the singular; the masculine may include the feminine; and the words "hereof," "herein" or "hereunder" or other simila
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compounds of the word "here" shall mean and refer to this entire Plan Statement and not to any particular paragraph or section of this Plan
Statement unless the context clearly indicates to the contrary. The titles given to the various sections of this Plan Statement are inserted fo
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convenience of reference only and are not part of this Plan Statement, and they shall not be considered in determining the purpose, meaning o
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intent of any provision hereof. As to Participants who are employees, this Plan Statement shall be construed and administered to create an
unfunded plan providing deferred compensation for a select group of management or highly compensated employees, which plan is exempt
from the requirements of Parts 2, 3 and 4 of Title I of ERISA, and which qualifies for a form of simplified, alternative compliance with the
reporting and disclosure requirements of Part 1 of Title I of ERISA. It is further intended that this Plan shall constitute a nonqualified deferre
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compensation plan that satisfies the conditions for a deferral of income pursuant to the provisions of Code Section 409A. Any reference in
this Plan Statement to a statute or regulation shall be considered also to mean and refer to any subsequent amendment or replacement of that
statute or regulation.
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