BASIC DEFINITION. Compensation will mean all of each Participant's (Choose one): OPTION 1: (o) W-2 wages.
BASIC DEFINITION. For Plan Years beginning on or after January 1, 1989, the following definition of Compensation shall apply: As elected by the Employer in the Adoption Agreement (and if no election is made, W-2 wages will be deemed to have been selected), Compensation shall mean one of the following:
BASIC DEFINITION. For Plan Years beginning on or after January 1, 1989, the following definition of Compensation shall apply: As elected by the Employer in the Adoption Agreement (and if no election is made, W-2 wages will be deemed to have been selected), Compensation shall mean one of the following:
1. W-2 wages. Compensation is defined as information required to be reported under Sections 6041 and 6051, and 6052 of the Code (Wages, tips and other compensation as reported on Form W-2). Compensation is defined as wages within the meaning of Section 3401(a) of the Code and all other payments of compensation to an Employee by the Employer (in the course of the Employer's trade or business) for which the Employer is required to furnish the Employee a written statement under Sections 6041(d) and 6051(a)(3), and 6052 of the Code. Compensation must be determined without regard to any rules under Section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Section 3401(a)(2)).
2. Section 3401(a) wages. Compensation is defined as wages within the meaning of Section 3401(a) of the Code, for the purposes of income tax withholding at the source but determined without regard to any rules that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Section 3401(a)(2)).
3. 415 safe-harbor compensation. Compensation is defined as wages, salaries, and fees for professional services and other amounts received (without regard to whether or not an amount is paid in cash) for personal services actually rendered in the course of employment with the Employer maintaining the Plan to the extent that the amounts are includible in gross income (including, but not limited to, commissions paid salesmen, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips, bonuses, fringe benefits, and reimbursements or other expense allowances under a nonaccountable plan (as described in 1.62-2(c)), and excluding the following:
a. Employer contributions to a plan of deferred compensation which are not includible in the Employee's gross income for the taxable year in which contributed, or employer contributions under a simplified employee pension plan to the extent such contributions are deductible by the Employee, or any distributi...
BASIC DEFINITION. Compensation will mean all of each Participant's (Choose one):
BASIC DEFINITION. A Participant’s Compensation shall be determined on the basis of the following: (select one) o Section 415 compensation as described in Section 2.14(a)(i) of the Trust and Plan o Modified Section 415 compensation as described in Section 2.14(a)(ii) of the Trust and Plan o Modified Section 3121 compensation as described in Section 2.14(a)(iii) of the Trust and Plan ý Modified Section 3401 compensation as described in Section 2.14(a)(iv) of the Trust and Plan o W-2 earnings as described in Section 2.14(a)(v) of the Trust and Plan for all Plan Years Safe Harbor Adjustments To Compensation: (select all that apply) ý Compensation shall be increased for salary reduction amounts under Code Sections 401(k), 125, 403(b) and similar plans as described in Section 2.14(b)(i) of the Trust and Plan, and for Plan Years beginning on and after January 1, 2001, for salary reduction amounts under Code Section 132(f)(4) o Compensation shall be reduced by any extra benefits as described in Section 2.14(b)(ii) of the Trust and Plan o none of the above. Other Exclusions From Compensation(1): (select all that apply) ý pre-entry date Compensation o commissions
BASIC DEFINITION. Subject to the provisions of Sections ----- ---------- 3.D(2) through 3.D(6), the "Adjustment Amount" means: ---------- ------
BASIC DEFINITION. Subject to the provisions of Sections 3.D(2) through 3.D(6), the "Adjustment Amount" means:
(a) the result of the following, as of the Adjustment Time, for Xxxxxxxx and its Subsidiaries (including Xxxxxxxx Two and Xxxxxxxx Three, as if it each were a Subsidiary of Xxxxxxxx at the Adjustment Time), determined on a consolidated basis:
(i) the aggregate amount of all cash, cash equivalents, marketable securities, prepaid expenses, deposits (other than film deposits, if any) held by others and any current assets (including amounts receivable from employees and independent contractors and co-op receivables, and amounts payable to Xxxxxxxx or any of its Subsidiaries by reason of the termination of any interest rate hedging arrangement, assuming such arrangement were terminated immediately prior to the Adjustment Time) not otherwise described in this clause (i), other than the Xxxxxxxx Receivables (collectively, but excluding the Xxxxxxxx Receivables, the "Current Assets"), reduced (below zero, if necessary) by
(ii) the aggregate principal amount of all outstanding Funded Indebtedness and the aggregate principal amount of the outstanding indebtedness guaranteed by Xxxxxxxx Broadcasting pursuant to the Mission Guarantees, in each case together with the amount of all unpaid accrued interest thereon, unpaid commitment fees and costs incurred in connection with the termination of any interest rate hedging arrangements, assuming such arrangement were terminated immediately prior to the Adjustment Time, but excluding any change of control, prepayment or other premium in respect of any such indebtedness, and excluding in all events the indebtedness of Xxxxxxxx Two and Xxxxxxxx Three represented by the promissory notes issued by them in connection with the Spin-Offs, and further reduced (below zero, if necessary) by
(iii) without duplication of any amount reflected in clause (ii) above, all trade accounts payable, accrued expenses (including accrued vacation pay) and other current liabilities (collectively, the "Current Liabilities"), and further reduced (below zero, if necessary) by
(iv) the aggregate amount of the proceeds (net of taxes and disposition costs) of all Designated Sales (as that term is defined in Section 7.A(5)(a)(y) consummated after the date of this Agreement and prior to the Adjustment Time; increased by
(b) the applicable amount set forth below, if the Closing occurs on or after October 21, 1998 Closing Date Amount ------------ ------ On or after Octo...
BASIC DEFINITION. Compensation is defined as: (select one) -------------------------
BASIC DEFINITION. For purposes of Subsection (e), the deferral percentage of a Participant for a Plan Year means his Salary Deferral Contributions for such year computed as a percentage of his Compensation for such year (to the nearest one-hundredth of a percentage point). If an Employee is eligible to make Salary Deferral Contributions but has not elected to make such contributions, he will nevertheless be taken into account as having made zero Salary Deferral Contributions.
BASIC DEFINITION. For purposes of Section 5.6, the deferral percentage of a participant for a plan year means his 401(k) savings contributions for such year computed as a percentage of his Plan Compensation or compensation (based on a definition of compensation selected by the employer for the plan year that satisfies Code Section 414(s)) for such year (to the nearest one-hundredth of a percentage point). If an employee is eligible to participate in 401(k) savings contributions but has not elected to make such contributions, he will nevertheless be taken into account as having made zero 401(k) savings contributions. Notwithstanding the preceding paragraph, in the plan administrator's discretion, 401(k) savings contributions of a participant will not be included when determining his deferral percentage to the extent that the requirements of Section 5.6 are met without taking such contributions into account, and such contributions may be used in performing the 401(m) tests if applicable to the employer's plan. See Section 6.7(b).
