Sprint - Nextel 2012 Annual Report Download - page 262

(gg)
“ Payment Period ” means the period of 18 continuous months, as measured from the Executive's
Separation from Service.
(hh)
“ Place of Performance ” has the meaning set forth in Section 8.
(ii) “ Proprietary Information ” has the meaning set forth in Section 10(a)(i).
(jj) “ Release ” means a release of claims in a form provided to the Executive by the Company in connection
with the payment of benefits under this Agreement.
(kk) “ Release Consideration Period ” means the period of time pursuant to the terms of the Release afforded
the Executive to consider whether to sign it.
(ll) “ Release Revocation Period ” means the period pursuant to the terms of an executed Release in which it
may be revoked by the Executive.
(mm) “ Renewal Term ” has the meaning set forth in Section 2.
(nn)
“ Restricted Period ” means the 18 - month period following the Executive's date of termination of
employment with the Company for any reason or Cause, including for nonrenewal of this Agreement, Disability, termination
by the Company or termination by the Executive.
(oo)
“ Separation from Service ” means “ separation from service ” from the Company and its subsidiaries as
described under Code Section 409A and the guidance and Treasury regulations issued thereunder. Separation from Service
will occur on the date on which the Executive's level of services to the Company decreases to 21 percent or less of the
average level of services performed by the Executive over 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 Executive provided prior
to such date or that the Company and the Executive reasonably anticipate the Executive may provide (whether as an
employee or as an independent contractor) after such date. For purposes of the determination of whether the Executive has
had a Separation from Service, the term “ Company ” shall mean the Company and any affiliate with which the Company
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. In addition, where the use of such
definition of “ Company ” for purposes of determining a Separation from Service is based upon legitimate business criteria, 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 20 percent ” is used instead of “ at least 80 percent ” at 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
20 percent ” is used instead of “ at least 80 percent ” at each place it appears in Treasury Regulation Section 1.414(c) -2.