Sprint - Nextel 2011 Annual Report Download - page 220

4.02 Section 409A
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(d) Reimbursements. Any reimbursements by a Company to a Participant of any eligible expenses under this Plan that are not
otherwise exempt from Code Section 409A (“Reimbursements”) will be made promptly and, in any event, on or before the last
day of the Participant’s taxable year following the taxable year in which the expense was incurred. The amount of any
Reimbursements, and the value of any in-kind benefits not otherwise exempt from Code Section 409A to be provided during
any taxable year of a Participant will not affect the expenses eligible for reimbursement, or in-kind benefits to be provided, in
any other of taxable years of such Participant, except for any limit on the amount of expenses that may be reimbursed under an
arrangement described in Code Section 105(b). The right to Reimbursements, or in-kind benefits, will not be subject to
liquidation or exchange for another benefit.
(e) Benefits in Lieu of Other Severance. Any Severance Benefits payable under this Section 4.01 will be paid solely in lieu of, not
in addition to, any severance amounts payable under an Employment Agreement or Separation Plan on account of the
Participant’s termination from employment, except to the extent that the Employment Agreement provides greater benefits
than the Severance Benefits under this Plan. If the Employment Agreement provides a greater benefit, that excess amount will
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e paid in accordance with the Employment Agreement. In no event may there be duplication of benefits under this Plan an
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any Employment Agreement or Separation Plan.
(a) In General. The Company intends that benefits provided under the Plan will not be subject to tax under Code Section 409A.
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otwithstanding any provision of the Plan to the contrary, the Plan is to be interpreted and construed consistent with this
intent. To the extent that any provision of the Plan were to conflict with section 409A or that the administration of the Plan
were to fail to satisfy the requirements of section 409A, that provision will be deemed null and void to the extent permitted by
applicable law.
(b) Distributions. Notwithstanding any provision of the Plan to the contrary, distributions under the Plan may only be made upon
an event and in a manner permitted under Code Section 409A. In no event may a Participant, directly or indirectly, designate
the calendar year of payment, except as permitted by Code Section 409A. The right to a series of payments under the Plan will
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e treated as a right to a series of separate payments. If a distribution or benefit subject to Code Section 409A is being made to
a Specified Employee due to the Participant’s Separation from Service, distribution or payment will be delayed until the earlie
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to occur of the Participant’s death or the day that is six months and one day following the Participant's Separation from Service
(the “Delay Period”). The postponed payments will be paid to the Participant on the last day of the Delay Period.
(c)
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o Representations or Warranties. The Corporation does not, however, assume any economic burdens associated with Code
Section 409A. Although the