Sprint - Nextel 2011 Annual Report Download - page 208

ARTICLE TWO
DEFINITIONS
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2.01 Defined Terms. For purposes of this Plan the following terms shall have the following meanings:
(a) “Accounting Firm” means a nationally recognized accounting firm, or actuarial, benefits or compensation consulting firm
(with experience in performing the calculations regarding the applicability Section 280G of the Code and of the tax impose
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by Section 4999 of the Code) selected by the Corporation.
(b) “Applicable Multiple” means the number specified under the heading “Applicable Multiple” on Appendix II for the
Participant’s designated Severance Benefit Classification.
(c) “Applicable Period” means the period specified under the heading “Applicable Period” on Appendix II for the Participant’s
designated Severance Benefits Classification.
(d) “Base Salary” means the annual base salary of any Participant, exclusive of any bonus, special pay or other benefits a
Participant may receive, and for purposes of Article Four means such annual base salary in effect (i) on the date immediately
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receding the date of the relevant Change in Control or (ii) on the date of the Participant’s termination of employment with a
Company, whichever is higher.
(e) “Board” means the Board of Directors of the Corporation.
(f) “Business Transaction” has the meaning set forth in Section 2.01(h)(ii).
(g) “Cause” means a termination of a Participant’s employment due to the Participant’s:
(i) conviction of, or entering into a plea of either guilty or nolo contendere to, any felony, including, but not limited to, a
felony involving moral turpitude, embezzlement, theft or similar act that occurred during or in the course of the
Participant’s employment with a Company;
(ii) willful and continued failure to substantially perform his duties for a Company, after receiving written notice from o
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on behalf of such Company and having had a thirty (30) day opportunity to cure the deficiency;
(iii) willful misconduct or gross negligence that results in material harm to a Company; or
(iv) willful violation of the Corporation’s policies that results in material harm to a Company.