Sprint - Nextel 2011 Annual Report Download - page 270

(xx) “Restricted Stock Unit” means an award granted or sold pursuant to Section 7 of this Plan of the right to receive shares
of Common Stock or cash at the end of the Restriction Period.
(yy) “Restriction Period” means the period of time during which Restricted Stock Units are subject to restrictions, as
p
rovided in Section 7 of this Plan.
(zz) “Separation From Service” means a “separation from service” as such term is defined under Code Section 409A and the
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 Employee provided prior to such date or that the
Corporation and the Employee reasonably anticipate the Employee 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 controlled 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 of 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 instead of “at least 80 percent”
each place it appears in Treasury Regulation Section 1.414(c)-2.
(aaa) “Six-Month Payment Delay” means the required delay in payment to a Participant who is a “specified employee” of
amounts subject to Section 409A that are paid upon Separation from Service, pursuant to Section 409A(a)(2)(B)(i) of the Code. When a Six-
Month Delay is required, the payment date shall be not before the date which is six months after the date of Separation from Service or, if
earlier, the date of the Participant’s death. The term specified employee shall have the meaning ascribed to this term under Section 409A of
the Code.
(bbb) “Spread” means the excess of the Market Value Per Share on the date when an (i) Option Right is exercised over the
Option Price, or (ii) Appreciation Right is exercised over the Option Price or Base Price provided for in the related Option Right or Free-
Standing Appreciation Right, respectively.
(ccc) “Sprint 1997 Plan” means the 1997 Long-Term Stock Incentive Program, effective April 15, 1997.
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