Windstream 2011 Annual Report Download - page 68

XII. DESIGNATION OF BENEFICIARIES
a. Each Participant shall file with the Company a written designation of one or more persons as the
Beneficiary who shall be entitled to receive any Award payable under the Plan after his death. A Participant may
from time to time, revoke or change his Beneficiary designation without the consent of any prior Beneficiary by
filing a new designation with the Company.
b. The last such designation received by the Company shall be controlling; except that no designation, or
change or revocation thereof, shall be effective unless received by the Company prior to the Participant’s death,
and in no event shall it be effective as of the date prior to such receipt.
c. If no designation is in effect at the time of a Participant’s death, or if no designated Beneficiary
survives the Participant, or if such designation, in the Company’s discretion, conflicts with applicable law, the
Participant’s estate shall be deemed to have been designated his Beneficiary and shall receive any Award payable
under the Plan after his death.
XIII. PAYMENTS TO PERSON OTHER THAN PARTICIPANT
If the Committee shall find that a Participant or his Beneficiary to whom an Award is payable under the
Plan is unable to care for his affairs because of illness or accident, or is a minor, or has died, then any payment
due him or his estate (unless a prior claim therefore has been made by a duly appointed representative) may, if
the Committee so directs, be paid to his spouse, child, a relative, an institution maintaining custody of such
person or any other person deemed by the Committee to be a proper recipient on behalf of such person otherwise
entitled to payment. Any such payment shall be a complete discharge of the liability of the Plan, the Company
and the Committee therefore.
XIV. NO RIGHT, TITLE OR INTEREST IN COMPANY’S ASSETS
No Participant or Beneficiary shall have any right, title or interest whatsoever in or to any investments
which the Company or a Subsidiary may make to aid it in meeting its obligations under the Plan. Nothing
contained in the Plan, and no action taken pursuant to its provisions, shall create, or be construed to create, a trust
of any kind, or fiduciary relationship between the Company or a Subsidiary and any Participant or Beneficiary or
any other person. To the extent that any person acquires a right to receive payments from the Company under the
Plan, such rights shall be no greater than the right of an unsecured general creditor of the Company. All payments
to be made hereunder shall be paid from the general funds of the Company, and no special or separate funds shall
be established, and no segregation of assets shall be made, to assure payment thereof.
XV. SUCCESSORS
The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation,
reorganization or otherwise) to all or substantially all of the business and/or assets of the Company expressly to
assume this Plan. This Plan shall be binding upon and inure to the benefit of the Company and any successor of
or to the Company, including without limitation any persons acquiring directly or indirectly all or substantially
all of the business and/or assets of the Company whether by sale, merger, consolidation, reorganization or
otherwise (and such successor shall thereafter be deemed the “Company” for the purposes of this Plan), and the
heirs, beneficiaries, executors and administrators of each Participant.
6