Sprint - Nextel 2015 Annual Report Download - page 379

(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 be paid in accordance with the Employment Agreement. In no event may
there be duplication of benefits under this Plan and any Employment Agreement or Separation Plan.
4.02 Section 409A
(a) In General . The Company intends that benefits provided under the Plan will not be subject to tax under Code Section
409A. Notwithstanding 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 be 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 earlier 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) No Representations or Warranties . The Corporation does not, however, assume any economic burdens associated
with Code Section 409A. Although the
CIC Severance Plan
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