{"id":38449,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/2004-equity-incentive-plan-symantec.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"2004-equity-incentive-plan-symantec","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/2004-equity-incentive-plan-symantec.html","title":{"rendered":"2004 Equity Incentive Plan – Symantec"},"content":{"rendered":"

SYMANTEC CORPORATION
\n2004 EQUITY INCENTIVE PLAN<\/strong>As Adopted by the Board on July 20,
\n2004
\nand as amended thereafter<\/strong><\/p>\n

1. Purpose. <\/em>The purpose of this Plan is to provide incentives to
\nattract, retain and motivate eligible persons whose present and potential
\ncontributions are important to the success of the Company, its Parent,
\nSubsidiaries and Affiliates, by offering them an opportunity to participate in
\nthe Company153s future performance through awards of Options, Stock Appreciation
\nRights, Restricted Stock Units, and Restricted Stock Awards. Capitalized terms
\nnot defined in the text are defined in Section 25. 2. Shares Subject to the
\nPlan.<\/em> 2.1 Number of Shares Available. <\/em>Subject to Sections 2.2 and
\n18, the total number of Shares reserved and available for grant and issuance
\npursuant to this Plan will be one hundred and sixty-three million (163,000,000)
\nShares plus up to forty-five million one hundred thousand (45,100,000) shares
\nsubject to awards granted under the Company153s 1996 Equity Incentive Plan that
\ncancel, forfeit (e.g., upon the Participant153s Termination) or otherwise expire
\nby their terms on or following the adoption of this Plan. Any award other than
\nan Option or a SAR shall reduce the number of Shares available for issuance
\nunder this Plan by two Shares for every Share issued. Subject to Sections 2.2
\nand 18, Shares that: (a) are subject to issuance upon exercise of an Option but
\ncease to be subject to such Option for any reason other than exercise of such
\nOption; (b) are subject to an Award granted hereunder but are forfeited or are
\nrepurchased by the Company at the original issue price; or (c) are subject to an
\nAward that otherwise terminates without Shares being issued will again be
\navailable for grant and issuance in connection with future Awards under this
\nPlan. The following Shares may not again be made available for future grant and
\nissuance as Awards under the Plan: (i) Shares that are withheld to pay the
\nexercise or purchase price of an Award or to satisfy any tax withholding
\nobligations in connection with an Award, (ii) Shares not issued or delivered as
\na result of the net settlement of an outstanding Option or SAR or (iii) shares
\nof the Company153s Common Stock repurchased on the open market with the proceeds
\nof an Option exercise price. At all times the Company shall reserve and keep
\navailable a sufficient number of Shares as shall be required to satisfy the
\nrequirements of all outstanding Awards granted under this Plan. 2.2
\nAdjustment of Shares. <\/em>In the event that the number of outstanding
\nShares is changed by a stock dividend, recapitalization, stock split, reverse
\nstock split, subdivision, combination, reclassification or similar change in the
\ncapital structure of the Company without consideration or there is a change in
\nthe corporate structure (including, without limitation, a spin-off), then (a)
\nthe number of Shares reserved for issuance under this Plan, (b) the Exercise
\nPrices of and number of Shares subject to outstanding Options, (c) the number of
\nShares that may be granted pursuant to Section 3 below, and (d) the Purchase
\nPrice and number of Shares subject to other outstanding Awards, including
\nRestricted Stock Awards, will be proportionately adjusted, subject to any
\nrequired action by the Board or the stockholders of the Company and compliance
\nwith applicable securities laws; provided, however, <\/em>that fractions of a
\nShare will not be issued but will be rounded down to the nearest whole Share,
\nand may be replaced by a cash payment equal to the Fair Market Value of such
\nfraction of a Share, as determined by the Committee. 3. Eligibility.
\n<\/em>ISOs (as defined in Section 5 below) may be granted only to employees
\n(including officers and directors who are also employees) of the Company or of a
\nParent or Subsidiary of the Company. All other Awards may be granted to
\nemployees, officers, directors, consultants, independent contractors and
\nadvisors of the Company or any Parent, Subsidiary or Affiliate of the Company;
\nprovided <\/em>such consultants, contractors and advisors render bona fide
\nservices not in connection with the offer and sale of securities in a
\ncapital-raising transaction. No person will be eligible to receive more than
\n2,000,000 Shares in any calendar year under this Plan, pursuant to the grant of
\nAwards hereunder, of which no more than 400,000 Shares shall be covered by
\nAwards of Restricted Stock and Restricted Stock Units, other than new employees
\nof the Company or of a Parent or Subsidiary of the Company (including new
\nemployees who are also officers and directors of the Company or any Parent or
\nSubsidiary of the Company), who are eligible to receive up to a maximum of
\n3,000,000 Shares in the calendar year in which they commence their employment,
\nof which no more than 600,000 Shares shall be covered by Awards of<\/p>\n

\n

\n

Restricted Stock and Restricted Stock Units. For purposes of these limits
\nonly, each Restricted Stock Unit settled in Shares (but not those settled in
\ncash), shall be deemed to cover one Share. A person may be granted more than one
\nAward under this Plan. 4. Administration.<\/em> 4.1 Committee Authority.
\n<\/em>This Plan will be administered by the Committee or by the Board acting as
\nthe Committee. Subject to the general purposes, terms and conditions of this
\nPlan, and to the direction of the Board, the Committee will have full power to
\nimplement and carry out this Plan. Without limitation, the Committee will have
\nthe authority to: (a) construe and interpret this Plan, any Award Agreement and
\nany other agreement or document executed pursuant to this Plan; (b) prescribe,
\namend and rescind rules and regulations relating to this Plan or any Award; (c)
\nselect persons to receive Awards; (d) determine the form and terms of Awards;
\n(e) determine the number of Shares or other consideration subject to Awards; (f)
\ndetermine whether Awards will be granted singly, in combination with, in tandem
\nwith, in replacement of, or as alternatives to, other Awards under this Plan or
\nany other incentive or compensation plan of the Company or any Parent,
\nSubsidiary or Affiliate of the Company; (g) grant waivers of Plan or Award
\nconditions; (h) determine the vesting, exercisability and payment of Awards; (i)
\ncorrect any defect, supply any omission or reconcile any inconsistency in this
\nPlan, any Award or any Award Agreement; (j) amend any Award Agreements executed
\nin connection with this Plan; (k) determine whether an Award has been earned;
\nand (l) make all other determinations necessary or advisable for the
\nadministration of this Plan. 4.2 Committee Discretion. <\/em>Any
\ndetermination made by the Committee with respect to any Award will be made in
\nits sole discretion at the time of grant of the Award or, unless in
\ncontravention of any express term of this Plan or Award, at any later time, and
\nsuch determination will be final and binding on the Company and on all persons
\nhaving an interest in any Award under this Plan. To the extent permitted by
\napplicable laws, the Committee may delegate to one or more officers of the
\nCompany the authority to grant an Award under this Plan to Participants who are
\nnot Insiders of the Company. 4.3 Section 162(m), Rule 16b-3 and Stock
\nExchange Requirements. <\/em>If two or more members of the Board are Outside
\nDirectors, the Committee will be comprised of at least two (2) members of the
\nBoard, at least two (2) of whom are Outside Directors. To the extent desirable
\nto qualify transactions hereunder as exempt under Rule 16b-3 promulgated under
\nthe Exchange Act (“Rule 16b-3<\/em>“), Awards to officers and directors shall
\nbe made by the entire Board or a Committee of two or more “non-employee
\ndirectors” within the meaning of Rule 16b-3. In addition, the Plan will be
\nadministered in a manner that complies with any applicable Nasdaq Global Select
\nMarket or stock exchange listing requirements.<\/p>\n

2<\/p>\n

\n

5. Options. <\/em>The Committee may grant Options to eligible persons and
\nwill determine whether such Options will be Incentive Stock Options within the
\nmeaning of the Code (“ISOs”) <\/em>or Nonqualified Stock Options
\n(“NQSOs”), <\/em>the number of Shares subject to the Option, the Exercise
\nPrice of the Option (subject to Section 5.4 below), the circumstances upon and
\nthe period during which the Option may be exercised, and all other terms and
\nconditions of the Option, subject to the following: 5.1 Form of Option
\nGrant. <\/em>Each Option granted under this Plan will be evidenced by an Award
\nAgreement which will expressly identify the Option as an ISO or an NQSO
\n(“Stock Option Agreement”),<\/em> and will be in such form and contain such
\nprovisions (which need not be the same for each Participant) as the Committee
\nmay from time to time approve, and which will comply with and be subject to the
\nterms and conditions of this Plan. To the extent that any Option designated as
\nan ISO in the Award Agreement fails to qualify as such under applicable law, it
\nshall be treated instead as a NQSO. 5.2 Date of Grant. <\/em>The date of
\ngrant of an Option will be the date on which the Committee makes the
\ndetermination to grant such Option, unless a later date is otherwise specified
\nby the Committee at the time it acts to approve the grant. The Stock Option
\nAgreement and a copy of this Plan will be delivered to the Participant within a
\nreasonable time after the granting of the Option. 5.3 Exercise Period.
\n<\/em>Options will be exercisable within the times or upon the events determined
\nby the Committee as set forth in the Stock Option Agreement governing such
\nOption; provided, however, <\/em>that no Option will be exercisable after the
\nexpiration of ten (10) years from the date the Option is granted; and provided
\nfurther that no ISO granted to a person who directly or by attribution owns more
\nthan ten percent (10%) of the total combined voting power of all classes of
\nstock of the Company or of any Parent or Subsidiary of the Company (“Ten
\nPercent Stockholder”) <\/em>will be exercisable after the expiration of five (5)
\nyears from the date the ISO is granted. The Committee also may provide for the
\nexercise of Options to become exercisable at one time or from time to time,
\nperiodically or otherwise (including, without limitation, the attainment during
\na Performance Period of performance goals based on Performance Factors), in such
\nnumber of Shares or percentage of Shares as the Committee determines. 5.4
\nExercise Price. <\/em>The Exercise Price of an Option will be determined by
\nthe Committee when the Option is granted and may not be less than 100% of the
\nFair Market Value of the Shares on the date of grant; provided <\/em>that the
\nExercise Price of any ISO granted to a Ten Percent Stockholder will not be less
\nthan 110% of the Fair Market Value of the Shares on the date of grant. Payment
\nfor the Shares purchased may be made in accordance with Section 10 of this Plan.
\n5.5 Method of Exercise. <\/em>Options may be exercised only by delivery to
\nthe Company of a written or electronic notice or agreement of stock option
\nexercise (the “Exercise Agreement”<\/em>) in a form approved by the Committee
\n(which need not be the same for each Participant), stating the number of Shares
\nbeing purchased, the restrictions imposed on the Shares purchased under such
\nExercise Agreement, if any, and such representations and agreements regarding
\nParticipant153s investment intent and access to information and other matters, if
\nany, as may be required or desirable by the Company to comply with applicable
\nsecurities laws, together with payment in full of the Exercise Price for the
\nnumber of Shares being purchased and all applicable withholding taxes. 5.6
\nTermination. <\/em>Notwithstanding the exercise periods set forth in the
\nStock Option Agreement, exercise of an Option will always be subject to the
\nfollowing: (a) If the Participant is Terminated for any reason except death or
\nDisability, then the Participant may exercise such Participant153s Options only to
\nthe extent that such Options are vested and exercisable upon the Termination
\nDate no later than three (3) months after the Termination Date (or such shorter
\nor longer time period not exceeding five (5) years as may be determined by the
\nCommittee, with any exercise beyond three (3) months after the Termination Date
\ndeemed to be an NQSO), but in any event, no later than the expiration date of
\nthe Options. (b) If the Participant is Terminated because of Participant153s death
\nor Disability (or the Participant dies within three (3) months after a
\nTermination other than because of Participant153s death or disability), then
\nParticipant153s Options may be exercised only to the extent that such Options are
\nvested and<\/p>\n

3<\/p>\n

\n

exercisable by Participant on the Termination Date and must be exercised by
\nParticipant (or Participant153s legal representative or authorized assignee) no
\nlater than twelve (12) months after the Termination Date (or such shorter or
\nlonger time period not exceeding five (5) years as may be determined by the
\nCommittee, with any such exercise beyond (a) three (3) months after the
\nTermination Date when the Termination is for any reason other than the
\nParticipant153s death or Disability, or (b) twelve (12) months after the
\nTermination Date when the Termination is for Participant153s death or Disability,
\ndeemed to be an NQSO), but in any event no later than the expiration date of the
\nOptions. 5.7 Limitations on Exercise. <\/em>The Committee may specify a
\nreasonable minimum number of Shares that may be purchased on any exercise of an
\nOption, provided <\/em>that such minimum number will not prevent Participant
\nfrom exercising the Option for the full number of Shares for which it is then
\nexercisable. 5.8 Limitations on ISOs. <\/em>The aggregate Fair Market Value
\n(determined as of the date of grant) of Shares with respect to which ISOs are
\nexercisable for the first time by a Participant during any calendar year (under
\nthis Plan or under any other incentive stock option plan of the Company or any
\nAffiliate, Parent or Subsidiary of the Company) will not exceed $100,000. If the
\nFair Market Value of Shares on the date of grant with respect to which ISOs are
\nexercisable for the first time by a Participant during any calendar year exceeds
\n$100,000, then the Options for the first $100,000 worth of Shares to become
\nexercisable in such calendar year will be ISOs and the Options for the amount in
\nexcess of $100,000 that become exercisable in that calendar year will be NQSOs.
\nIn the event that the Code or the regulations promulgated thereunder are amended
\nafter the Effective Date of this Plan to provide for a different limit on the
\nFair Market Value of Shares permitted to be subject to ISOs, such different
\nlimit will be automatically incorporated herein and will apply to any Options
\ngranted after the effective date of such amendment. 5.9 Modification,
\nExtension or Renewal. <\/em>The Committee may modify, extend or renew outstanding
\nOptions and authorize the grant of new Options in substitution therefor,
\nprovided <\/em>that (a) any such action may not, without the written consent
\nof a Participant, impair any of such Participant153s rights under any Option
\npreviously granted; (b) any outstanding ISO that is modified, extended, renewed
\nor otherwise altered will be treated in accordance with Section 424(h) of the
\nCode; and (c) notwithstanding anything to the contrary elsewhere in the Plan,
\nthe Company is subject to Section 21.2 below with respect to any proposal to
\nreprice outstanding Options. 5.10 No Disqualification. <\/em>Notwithstanding
\nany other provision in this Plan, no term of this Plan relating to ISOs will be
\ninterpreted, amended or altered, nor will any discretion or authority granted
\nunder this Plan be exercised, so as to disqualify this Plan under Section 422 of
\nthe Code or, without the consent of the Participant affected, to disqualify any
\nISO under Section 422 of the Code. 6. Non-Employee Director Equity
\nAwards<\/em>. 6.1 Types of Awards<\/em>. All Awards other than ISOs may be
\ngranted to non-employee directors under this Plan. Awards granted pursuant to
\nthis Section 6 may be automatically made pursuant to a policy adopted by the
\nBoard (as such policy may be amended from time to time by the Board) or made
\nfrom time to time as determined in the discretion of the Board, or, if the
\nauthority to grant Awards to non-employee directors has been delegated by the
\nBoard, the Committee. 6.2 Eligibility<\/em>. Awards granted pursuant to this
\nSection 6 shall be granted only to non-employee directors. Any non-employee
\ndirector, including without limitation any non-employee director who is
\nappointed as a member to the Board, will be eligible to receive an Award under
\nthis Section 6. 6.3 Vesting, Exercisability and Settlement<\/em>. Except as
\nset forth in Section 18, Awards granted pursuant to Section 6 shall vest, become
\nexercisable and be settled as determined by the Board or, if the authority to
\nmake such determinations has been delegated by the Board, the Committee. With
\nrespect to Options and SARs, the exercise price of such Award granted to
\nnon-employee directors shall not be less than the Fair Market Value of the
\nShares at the time such Award is granted.<\/p>\n

4<\/p>\n

\n

7. Restricted Stock Awards. <\/em>A Restricted Stock Award is an offer by
\nthe Company to issue to an eligible person Shares that are subject to
\nrestrictions. The Committee will determine to whom an offer will be made, the
\nnumber of Shares the person may be issued or purchase, the Purchase Price (if
\nany), the restrictions to which the Shares will be subject, and all other terms
\nand conditions of the Restricted Stock Award, subject to the following: 7.1
\nRestricted Stock Agreement. <\/em>All purchases under a Restricted Stock
\nAward will be evidenced by a written agreement (the “Restricted Stock
\nAgreement<\/em>“), which will be in substantially a form (which need not be the
\nsame for each Participant) that the Committee shall from time to time approve,
\nand will comply with and be subject to the terms and conditions of the Plan. A
\nParticipant can accept a Restricted Stock Award only by signing and delivering
\nto the Company the Restricted Stock Agreement, and full payment of the Purchase
\nPrice (if any) and all applicable withholding taxes, at such time and on such
\nterms as required by the Committee. If the Participant does not accept the
\nRestricted Stock Award at such time and on such terms as required by the
\nCommittee, then the offer of the Restricted Stock Award will terminate, unless
\nthe Committee determines otherwise. 7.2 Purchase Price. <\/em>The Purchase
\nPrice (if any) for a Restricted Stock Award will be determined by the Committee,
\nand may be less than Fair Market Value on the date the Restricted Stock Award is
\ngranted. Payment of the Purchase Price must be made in accordance with Section
\n10 of this Plan and as permitted in the Restricted Stock Agreement, and in
\naccordance with any procedures established by the Company. 7.3 Terms of
\nRestricted Stock Awards. <\/em>Restricted Stock Awards will be subject to all
\nrestrictions, if any, that the Committee may impose. These restrictions may be
\nbased on completion of a specified period of service with the Company and\/or
\nupon completion of the performance goals as set out in advance in the Restricted
\nStock Agreement, which shall be in such form and contain such provisions (which
\nneed not be the same for each Participant) as the Committee shall from time to
\ntime approve, and which will comply with and be subject to the terms and
\nconditions of this Plan. Prior to the grant of a Restricted Stock Award, the
\nCommittee shall: (a) determine the nature, length and starting date of any
\nPerformance Period for the Restricted Stock Award; (b) select performance
\ncriteria, including if the Award is intended to qualify as “performance-based
\ncompensation” under Code Section 162(m) from among the Performance Factors, to
\nbe used to measure performance goals, if any; and (c) determine the number of
\nShares that may be awarded to the Participant. For Restricted Stock Awards
\nintended to comply with the requirements of Section 162(m) of the Code, the
\nperformance goals will be determined at a time when the achievement of the
\nperformance goals remains substantially uncertain and shall otherwise be
\nadministered in a manner that complies with the requirements under that statute.
\nPerformance Periods may overlap and a Participant may participate simultaneously
\nwith respect to Restricted Stock Awards that are subject to different
\nPerformance Periods and having different performance goals and other criteria.
\n7.4 Termination During Vesting or Performance Period. <\/em>Restricted Stock
\nAwards shall cease to vest immediately if a Participant is Terminated during the
\nvesting period or Performance Period applicable to the Award for any reason,
\nunless the Committee determines otherwise, and any unvested Shares subject to
\nsuch Restricted Stock Awards shall be subject to the Company153s right to
\nrepurchase such Shares or otherwise to any forfeiture condition applicable to
\nthe Award, as described in Section 14 of this Plan, if and as set forth in the
\napplicable Restricted Stock Agreement. 8. Restricted Stock Units<\/em>. A
\nRestricted Stock Unit (or RSU) is an award covering a number of Shares that may
\nbe settled in cash, or by issuance of those Shares (which may consist of
\nRestricted Stock). A RSU may be awarded for past services already rendered to
\nthe Company, or any Affiliate, Parent or Subsidiary of the Company pursuant to
\nan Award Agreement (the “RSU Agreement<\/em>“) that will be in such form
\n(which need not be the same for each Participant) as the Committee will from
\ntime to time approve, and will comply with and be subject to the following: 8.1
\nTerms of RSUs<\/em>. RSUs may vary from Participant to Participant and
\nbetween groups of Participants, and may be based upon the achievement of the
\nCompany, Affiliate, Parent or Subsidiary and\/or individual performance factors
\nor upon such other criteria as the Committee may determine. The Committee will
\ndetermine all terms of each RSU including, without limitation: the number of
\nShares subject to each RSU, the time or times during which each RSU shall vest
\nand the RSU be settled, the consideration to be distributed on such settlement,
\nand the effect on each RSU of its holder153s Termination. A RSU may be awarded
\nupon satisfaction of such performance goals as are set out in advance in the
\nParticipant153s individual Award Agreement (the<\/p>\n

5<\/p>\n

\n

“Performance RSU Agreement<\/em>“) that will be in such form (which need
\nnot be the same for each Participant) as the Committee will from time to time
\napprove, and will comply with and be subject to the terms and conditions of this
\nPlan. If the RSU is being earned upon the satisfaction of performance goals
\npursuant to a Performance RSU Agreement, then the Committee will: (a) determine
\nthe nature, length and starting date of any Performance Period for each RSU; (b)
\nselect performance criteria, including if the Award is intended to qualify as
\n“performance-based compensation” under Code Section 162(m) from among the
\nPerformance Factors, to be used to measure performance goals, if any; and (c)
\ndetermine the number of Shares deemed subject to the RSU. For RSUs intended to
\ncomply with the requirements of Section 162(m) of the Code, the performance
\ngoals will be determined at a time when the achievement of the performance goals
\nremains substantially uncertain and shall otherwise be administered in a manner
\nthat complies with the requirements under that statute. Prior to settlement of
\nany RSU earned upon the satisfaction of performance goals pursuant to a
\nPerformance RSU Agreement, the Committee shall determine the extent to which
\nsuch RSU has been earned. Performance Periods may overlap and Participants may
\nparticipate simultaneously with respect to RSUs that are subject to different
\nPerformance Periods and different performance goals and other criteria. The
\nnumber of Shares may be fixed or may vary in accordance with such performance
\ngoals and criteria as may be determined by the Committee. The Committee may
\nadjust the performance goals applicable to the RSUs to take into account changes
\nin law and accounting or tax rules and to make such adjustments as the Committee
\ndeems necessary or appropriate to reflect the impact of extraordinary or unusual
\nitems, events or circumstances to avoid windfalls or hardships. 8.2 Form and
\nTiming of Exercise<\/em>. The portion of a RSU being settled may be paid
\ncurrently or on a deferred basis with such interest or dividend equivalent, if
\nany, as the Committee may determine. Payment may be made in the form of cash or
\nwhole Shares or a combination thereof, either in a lump sum payment or in
\ninstallments, all as the Committee will determine. 9. Stock Appreciation
\nRights<\/em>. A Stock Appreciation Right (or SAR) is an award that may be
\nexercised for cash or Shares (which may consist of Restricted Stock), having a
\nvalue equal to the value determined by multiplying the difference between the
\nFair Market Value on the date of settlement over the Exercise Price and the
\nnumber of Shares with respect to which the SAR is being settled. A SAR may be
\nawarded for past services already rendered to the Company, or any Parent or
\nSubsidiary of the Company pursuant to an Award Agreement (the “SAR
\nAgreement<\/em>“) that will be in such form (which need not be the same for each
\nParticipant) as the Committee will from time to time approve, and will comply
\nwith and be subject to the following: 9.1 Terms of SARs<\/em>. SARs may vary
\nfrom Participant to Participant and between groups of Participants, and may be
\nbased upon the achievement of the Company, Parent or Subsidiary and\/or
\nindividual performance factors or upon such other criteria as the Committee may
\ndetermine. The Committee will determine all terms of each SAR including, without
\nlimitation: the number of Shares deemed subject to each SAR, the time or times
\nduring which each SAR may be settled, the consideration to be distributed on
\nsettlement, and the effect on each SAR of its holder153s Termination. The Exercise
\nPrice of a SAR will be determined by the Committee when the SAR is granted and
\nmay not be less than 100% of the Fair Market Value of the Shares on the date of
\ngrant. A SAR may be awarded upon satisfaction of such performance goals as are
\nset out in advance in the Participant153s individual Award Agreement (the
\n“Performance SAR Agreement<\/em>“) that will be in such form (which need not
\nbe the same for each Participant) as the Committee will from time to time
\napprove, and will comply with and be subject to the terms and conditions of this
\nPlan. If the SAR is being earned upon the satisfaction of performance goals
\npursuant to a Performance SAR Agreement, then the Committee will: (a) determine
\nthe nature, length and starting date of any Performance Period for each SAR; (b)
\nselect performance criteria, including if the Award is intended to qualify as
\n“performance-based compensation” under Code Section 162(m) from among the
\nPerformance Factors, to be used to measure performance goals, if any; and (c)
\ndetermine the number of Shares deemed subject to the SAR. Prior to exercise of
\nany SAR earned upon the satisfaction of performance goals pursuant to a
\nPerformance SAR Agreement, the Committee shall determine the extent to which
\nsuch SAR has been earned. Performance Periods may overlap and Participants may
\nparticipate simultaneously with respect to SARs that are subject to different
\nPerformance Periods and different performance goals and other criteria. The
\nnumber of Shares may be fixed or may vary in accordance with such performance
\ngoals and criteria as may be determined by the Committee. The Committee may
\nadjust the performance goals applicable to the SARs to take into account changes
\nin law and accounting or tax rules and to make such adjustments as the Committee
\ndeems necessary or appropriate to reflect the impact of extraordinary or unusual
\nitems, events or circumstances to avoid windfalls or hardships. Notwithstanding
\nanything to the contrary elsewhere in the Plan, the Company is subject to
\nSection 21.2 below with respect to any proposal to<\/p>\n

6<\/p>\n

\n

reprice outstanding SARs. The term of a SAR shall be ten (10) years from the
\ndate the SAR is awarded or such shorter term as may be provided in the Award
\nAgreement. 9.2 Form and Timing of Settlement<\/em>. The portion of a SAR
\nbeing settled may be paid currently or on a deferred basis with such interest or
\ndividend equivalent, if any, as the Committee may determine. Payment may be made
\nin the form of cash or whole Shares or a combination thereof, either in a lump
\nsum payment or in installments, all as the Committee will determine. 10.
\nPayment for Share Purchases. <\/em>Payment for Shares purchased pursuant to
\nthis Plan may be made in cash, by check or by wire transfer or, where expressly
\napproved for the Participant by the Committee and where permitted by law: (a) by
\ncancellation of indebtedness of the Company to the Participant; (b) by surrender
\nof shares that either: (1) have been owned by Participant for more than six (6)
\nmonths and have been paid for within the meaning of SEC Rule 144 (and, if such
\nshares were purchased from the Company by use of a promissory note, such note
\nhas been fully paid with respect to such shares); or (2) were obtained by
\nParticipant in the public market; (c) cashless “net exercise” arrangement
\npursuant to which the Company will reduce the number of Shares issued upon
\nexercise by the largest whole number of Shares having an aggregate Fair Market
\nValue that does not exceed the aggregate exercise price; provided that the
\nCompany shall accept a cash or other payment from the Participant to the extent
\nof any remaining balance of the exercise price not satisfied by such reduction
\nin the number of whole Shares to be issued; (d) by waiver of compensation due or
\naccrued to the Participant for services rendered; (e) with respect only to
\npurchases upon exercise of an Option, and provided that a public market for the
\nCompany153s stock exists, through a “same day sale” commitment from the
\nParticipant and a broker-dealer that is a member of the Financial Industry
\nRegulatory Authority (a “FINRA Dealer”<\/em>) whereby the Participant
\nirrevocably elects to exercise the Option and to sell a portion of the Shares so
\npurchased to pay for the Exercise Price and any applicable withholding
\nobligations, and whereby the FINRA Dealer irrevocably commits upon receipt of
\nsuch Shares to forward the Exercise Price directly to the Company; (f) by such
\nother consideration and method of payment as permitted by the Committee and
\napplicable law; or (g) by any combination of the foregoing. 11. Withholding
\nTaxes.<\/em> 11.1 Withholding Generally. <\/em>It shall be a condition to the
\ngrant of an Award under this Plan that the Participant satisfy any tax
\nwithholding or similar obligations applicable to the Award that may be legally
\nimposed upon the Participant. Whenever Awards are to be granted or Shares are to
\nbe issued in satisfaction of Awards granted under this Plan, the Participant
\nshall make such arrangements as the Company may require to remit to the Company
\nan amount sufficient to satisfy federal, state, local, or foreign withholding
\ntax requirements prior to the delivery of any Award Agreement or certificate or
\ncertificates for Award Shares. Whenever, under this Plan, payments in
\nsatisfaction of Awards are to be made in cash, such payment will be net of an
\namount sufficient to satisfy federal, state, and local withholding tax
\nrequirements. 11.2 Stock Withholding. <\/em>When, under applicable tax laws,
\na Participant incurs tax liability in connection with the grant, exercise or
\nvesting of any Award that is subject to tax withholding and the Participant is
\nobligated to pay the Company the amount required to be withheld, the Committee
\nmay allow the Participant to satisfy the minimum withholding tax obligation by
\nelecting to have the Company withhold from the Shares to be issued that number
\nof Shares having a Fair Market Value equal to the minimum amount required to be
\nwithheld,<\/p>\n

7<\/p>\n

\n

determined on the date that the amount of tax to be withheld is to be
\ndetermined (the “Tax Date”<\/em>). All elections by a Participant to have
\nShares withheld for this purpose will be made in writing in a form and during a
\nperiod acceptable to the Committee. 12. Privileges of Stock Ownership;
\nVoting and Dividends. <\/em>Except to the extent that the Committee grants an RSU
\nthat entitles the Participant to credit for dividends paid on Award Shares prior
\nto the date such Shares are issued to the Participant (as reflected in the RSU
\nAgreement), no Participant will have any of the rights of a stockholder with
\nrespect to any Shares until the Shares are issued to the Participant. After
\nShares are issued to the Participant, the Participant will be a stockholder and
\nhave all the rights of a stockholder with respect to such Shares, including the
\nright to vote and receive all dividends or other distributions made or paid with
\nrespect to such Shares; provided, <\/em>that if such Shares are restricted
\nstock, then any new, additional or different securities the Participant may
\nbecome entitled to receive with respect to such Shares by virtue of a stock
\ndividend, stock split or any other change in the corporate or capital structure
\nof the Company will be subject to the same restrictions as the restricted stock;
\nprovided, further, <\/em>that the Participant will have no right to retain
\nsuch stock dividends or stock distributions with respect to Shares that are
\nrepurchased at the Participant153s original Purchase Price or otherwise forfeited
\nto the Company. 13. Transferability. <\/em>Awards granted under this Plan,
\nand any interest therein, will not be transferable or assignable by Participant,
\nand may not be made subject to execution, attachment or similar process,
\notherwise than by will or by the laws of descent and distribution or as
\nconsistent with the specific Plan and Award Agreement provisions relating
\nthereto. All Awards shall be exercisable: (i) during the Participant153s lifetime,
\nonly by (A) the Participant, or (B) the Participant153s guardian or legal
\nrepresentative; and (ii) after Participant153s death, by the legal representative
\nof the Participant153s heirs or legatees. 14. Restrictions on Shares. <\/em>At
\nthe discretion of the Committee, the Company may reserve to itself and\/or its
\nassignee(s) in the Award Agreement a right to repurchase a portion of or all
\nShares that are not vested held by a Participant following such Participant153s
\nTermination at any time specified after the Participant153s Termination Date, for
\ncash and\/or cancellation of purchase money indebtedness, at the Participant153s
\noriginal Exercise Price or Purchase Price, as the case may be. Alternatively, at
\nthe discretion of the Committee, Award Shares issued to the Participant for
\nwhich the Participant did not pay any Exercise or Purchase Price may be
\nforfeited to the Company on such terms and conditions as may be specified in the
\nAward Agreement. All certificates for Shares or other securities delivered under
\nthis Plan will be subject to such stock transfer orders, legends and other
\nrestrictions as the Committee may deem necessary or advisable, including
\nrestrictions under any applicable federal, state or foreign securities law, or
\nany rules, regulations and other requirements of the SEC or any stock exchange
\nor automated quotation system upon which the Shares may be listed or quoted. 15.
\nEscrow; Pledge of Shares. <\/em>To enforce any restrictions on a
\nParticipant153s Shares, the Committee may require the Participant to deposit all
\ncertificates representing Shares, together with stock powers or other
\ninstruments of transfer approved by the Committee, appropriately endorsed in
\nblank, with the Company or an agent designated by the Company to hold in escrow
\nuntil such restrictions have lapsed or terminated, and the Committee may cause a
\nlegend or legends referencing such restrictions to be placed on the
\ncertificates. 16. Exchange and Buyout of Awards. <\/em>The Committee may, at
\nany time or from time to time, authorize the Company, with the consent of the
\nrespective Participants, to issue new Awards in exchange for the surrender and
\ncancellation of any or all outstanding Awards. This Section shall not be
\nconstrued to defeat the requirements of Section 21.2 with respect to any
\nproposed repricing of Options or SARs. 17. Securities Law and Other
\nRegulatory Compliance. <\/em>An Award will not be effective unless such Award is
\nin compliance with all applicable federal and state securities laws, rules and
\nregulations of any governmental body, and the requirements of any stock exchange
\nor automated quotation system upon which the Shares may then be listed or
\nquoted, as they are in effect on the date of grant of the Award and also on the
\ndate of exercise or other issuance. Notwithstanding any other provision in this
\nPlan, the Company will have no obligation, and no liability for failure, to
\nissue Shares or deliver certificates for Shares under this Plan prior to: (a)
\nobtaining any approvals from governmental agencies that the Company determines
\nare necessary or advisable; and\/or (b) completion of any registration or other
\nqualification of such Shares under any state or federal law or ruling of any
\ngovernmental body that the Company determines to be necessary or advisable. The
\nCompany will be under no<\/p>\n

8<\/p>\n

\n

obligation to register the Shares with the SEC or to effect compliance with
\nthe registration, qualification or listing requirements of any state securities
\nlaws, stock exchange or automated quotation system, and the Company will have no
\nliability for any inability or failure to do so. 18. Corporate
\nTransactions.<\/em> 18.1 Assumption or Replacement of Awards by Successor.
\n<\/em>In the event of (a) a dissolution or liquidation of the Company, (b) a
\nmerger or consolidation in which the Company is not the surviving corporation
\n(other than <\/em>a merger or consolidation with a wholly-owned subsidiary, a
\nreincorporation of the Company in a different jurisdiction, or other transaction
\nin which there is no substantial change in the stockholders of the Company or
\ntheir relative stock holdings and the Awards granted under this Plan are
\nassumed, converted or replaced by the successor corporation, which assumption
\nwill be binding on all Participants), (c) a merger in which the Company is the
\nsurviving corporation but after which the stockholders of the Company (other
\nthan any stockholder which merges (or which owns or controls another corporation
\nwhich merges) with the Company in such merger) cease to own their shares or
\nother equity interests in the Company, (d) the sale of substantially all of the
\nassets of the Company, or (e) any other transaction which qualifies as a
\n“corporate transaction” under Section 424(a) of the Code wherein the
\nstockholders of the Company give up all of their equity interest in the Company
\n(except <\/em>for the acquisition, sale or transfer of all or substantially
\nall of the outstanding shares of the Company from or by the stockholders of the
\nCompany), any or all outstanding Awards may be assumed, converted or replaced by
\nthe successor corporation (if any), which assumption, conversion or replacement
\nwill be binding on all Participants, or the successor corporation may substitute
\nequivalent awards or provide substantially similar consideration to Participants
\nas was provided to stockholders (after taking into account the existing
\nprovisions of the Awards); provided that[, unless otherwise determined by the
\nBoard,] all Awards granted pursuant to Section 6 shall accelerate and be fully
\nvested upon such merger, consolidation or corporate transaction. In the event
\nsuch successor corporation (if any) fails to assume or substitute Awards
\npursuant to a transaction described in this Subsection 18.1, all such Awards
\nwill expire on such transaction at such time and on such conditions as the Board
\nshall determine. 18.2 Other Treatment of Awards. <\/em>Subject to any greater
\nrights granted to Participants under the foregoing provisions of this Section
\n18, in the event of the occurrence of any transaction described in Section 18.1,
\nany outstanding Awards will be treated as provided in the applicable agreement
\nor plan of merger, consolidation, dissolution, liquidation, sale of assets or
\nother “corporate transaction.” 18.3 Assumption of Awards by the Company.
\n<\/em>The Company, from time to time, also may substitute or assume outstanding
\nawards granted by another company, whether in connection with an acquisition of
\nsuch other company or otherwise, by either; (a) granting an Award under this
\nPlan in substitution of such other company153s award; or (b) assuming such award
\nas if it had been granted under this Plan if the terms of such assumed award
\ncould be applied to an Award granted under this Plan. Such substitution or
\nassumption will be permissible if the holder of the substituted or assumed award
\nwould have been eligible to be granted an Award under this Plan if the other
\ncompany had applied the rules of this Plan to such grant. In the event the
\nCompany assumes an award granted by another company, the terms and conditions of
\nsuch award will remain unchanged (except <\/em>that the exercise price and
\nthe number and nature of Shares issuable upon exercise of any such option will
\nbe adjusted appropriately pursuant to Section 424(a) of the Code). In the event
\nthe Company elects to grant a new Option rather than assuming an existing
\noption, such new Option may be granted with a similarly adjusted Exercise Price.
\n19. No Obligation to Employ; Accelerated Expiration of Award for Harmful
\nAct. <\/em>Nothing in this Plan or any Award granted under this Plan will confer
\nor be deemed to confer on any Participant any right to continue in the employ
\nof, or to continue any other relationship with, the Company or any Parent,
\nSubsidiary or Affiliate of the Company or limit in any way the right of the
\nCompany or any Parent, Subsidiary or Affiliate of the Company to terminate
\nParticipant153s employment or other relationship at any time, with or without
\ncause. Notwithstanding anything to the contrary herein, if a Participant is
\nTerminated because of such Participant153s actual or alleged commitment of a
\ncriminal act or an intentional tort and the Company (or an employee of the
\nCompany) is the victim or object of such criminal act or intentional tort or
\nsuch criminal act or intentional tort results, in the reasonable opinion of the
\nCompany, in liability, loss, damage or injury to the Company, then, at the
\nCompany153s election, Participant153s Awards shall not be exercisable or settleable
\nand shall terminate and expire upon the Participant153s Termination Date.
\nTermination by the Company based on a Participant153s alleged commitment of a
\ncriminal act or an intentional tort shall be based on a reasonable investigation
\nof the facts and a determination by the Company that a<\/p>\n

9<\/p>\n

\n

preponderance of the evidence discovered in such investigation indicates that
\nsuch Participant is guilty of such criminal act or intentional tort. 20.
\nCompliance with Section 409A<\/em>. Notwithstanding anything to the contrary
\ncontained herein, to the extent that the Committee determines that any Award
\ngranted under the Plan is subject to Code Section 409A and unless otherwise
\nspecified in the applicable Award Agreement, the Award Agreement evidencing such
\nAward shall incorporate the terms and conditions necessary for such Award to
\navoid the consequences described in Code Section 409A(a)(1), and to the maximum
\nextent permitted under applicable law (and unless otherwise stated in the
\napplicable Award Agreement), the Plan and the Award Agreements shall be
\ninterpreted in a manner that results in their conforming to the requirements of
\nCode Section 409A(a)(2), (3) and (4) and any Department of Treasury or Internal
\nRevenue Service regulations or other interpretive guidance issued under Section
\n409A (whenever issued, the “Guidance”). Notwithstanding anything to the contrary
\nin this Plan (and unless the Award Agreement provides otherwise, with specific
\nreference to this sentence), to the extent that a Participant holding an Award
\nthat constitutes “deferred compensation” under Section 409A and the Guidance is
\na “specified employee” at the time of his or her “separation from service” (as
\neach is defined under Section 409A and applicable Guidance), no distribution or
\npayment of any amount shall be made before a date that is six (6) months
\nfollowing the date of such Participant153s separation from service or, if earlier,
\nthe date of the Participant153s death within such six (6) month period. 21.
\nCertain Stockholder Approval Matters.<\/em> 21.1 Plan Effectiveness;
\nIncreasing Plan Shares. <\/em>This Plan became effective on July 20, 2004 (the
\n“Effective Date”). Any amendment to this Plan increasing the number of Shares
\navailable for issuance hereunder shall be approved by the stockholders of the
\nCompany, consistent with applicable laws, within twelve (12) months before or
\nafter the effective date of such amendment (“Amendment Effective Date”). Upon
\nthe Amendment Effective Date, the Board may grant Awards covering such
\nadditional Shares pursuant to this Plan; provided, however, that: (a) no Option
\ngranted pursuant to such increase in the number of Shares subject to this Plan
\napproved by the Board may be exercised prior to the time such increase has been
\napproved by the stockholders of the Company; and (b) in the event that
\nstockholder approval of any such amendment increasing the number of Shares
\nsubject to this Plan is not obtained, all Awards covering such additional Shares
\ngranted hereunder will be canceled, any Shares issued pursuant to any Award will
\nbe canceled, and any purchase of Shares hereunder will be rescinded. 21.2
\nRepricing Matters. <\/em>Except in connection with a corporate transaction
\ninvolving the Company (including without limitation any stock dividend,
\nrecapitalization, stock split, reverse stock split, subdivision, combination,
\nreclassification, reorganization, merger, consolidation, split-up, spin-off or
\nexchange of shares), the terms of outstanding Awards may not without stockholder
\napproval be amended to reduce the exercise price of outstanding Options or SARs,
\nor to cancel outstanding Options or SARs in exchange either for (a) cash, or (b)
\nnew Options, SARS or other Awards with an exercise price that is less than the
\nexercise price of the original (cancelled) Options or SARs. 22. Term of
\nPlan. <\/em>Unless earlier terminated as provided herein, this Plan will
\nterminate on July 20, 2014. 23. Amendment or Termination of Plan. <\/em>The
\nBoard may at any time terminate or amend this Plan in any respect, including
\nwithout limitation amendment of Section 6 of this Plan; provided, however,
\n<\/em>that the Board will not, without the approval of the stockholders of the
\nCompany, amend this Plan to increase the number of shares that may be issued
\nunder this Plan, change the designation of employees or class of employees
\neligible for participation in this Plan, take any action in conflict with
\nSection 21.2 above, or otherwise materially modify a provision of the Plan if
\nsuch modification requires stockholder approval under the applicable rules and
\nregulations of the Nasdaq Market. 24. Nonexclusivity of the Plan.
\n<\/em>Neither the adoption of this Plan by the Board, the submission of this Plan
\nto the stockholders of the Company for approval, nor any provision of this Plan
\nwill be construed as creating any limitations on the power of the Board to adopt
\nsuch additional compensation arrangements as it may deem desirable, including,
\nwithout limitation, the granting of stock options and bonuses otherwise than
\nunder this Plan, and such arrangements may be either generally applicable or
\napplicable only in specific cases.<\/p>\n

10<\/p>\n

\n

25. Definitions. <\/em>As used in this Plan, the following terms will have
\nthe following meanings: “Affiliate” <\/em>means any corporation that
\ndirectly, or indirectly through one or more intermediaries, controls or is
\ncontrolled by, or is under common control with, another corporation, where
\n“control” (including the terms “controlled by” and “under common control with”)
\nmeans the possession, direct or indirect, of the power to cause the direction of
\nthe management and policies of the corporation, whether through the ownership of
\nvoting securities, by contract or otherwise. “Award” <\/em>means any award
\nunder this Plan, including any Option, Stock Appreciation Right, Restricted
\nStock Unit, or Restricted Stock Award. “Award Agreement” <\/em>means, with
\nrespect to each Award, the signed written agreement between the Company and the
\nParticipant setting forth the terms and conditions of the Award. “Board”
\n<\/em>means the Board of Directors of the Company. “Code” <\/em>means the
\nInternal Revenue Code of 1986, as amended. “Committee” <\/em>means the
\ncommittee appointed by the Board to administer this Plan, or if no such
\ncommittee is appointed, the Board. “Company” <\/em>means Symantec
\nCorporation, a corporation organized under the laws of the State of Delaware, or
\nany successor corporation. “Disability” <\/em>means a disability, whether
\ntemporary or permanent, partial or total, within the meaning of Section 22(e)(3)
\nof the Code, as determined by the Committee. “Exchange Act” <\/em>means the
\nSecurities Exchange Act of 1934, as amended. “Exercise Price” <\/em>means the
\nprice at which a holder of an Option may purchase the Shares issuable upon
\nexercise of the Option, and in the case of a Stock Appreciation Right the value
\nspecified on the date of grant that is subtracted from the Fair Market Value
\nwhen such Stock Appreciation Right is settled. “Fair Market Value”
\n<\/em>means, as of any date, the value of a share of the Company153s Common Stock
\ndetermined as follows: (a) if such Common Stock is then quoted on the Nasdaq
\nGlobal Select Market, the Nasdaq Global Market or the Nasdaq Capital Market
\n(collectively, the “Nasdaq Market<\/em>“), its closing price on the Nasdaq
\nMarket on the date of determination as reported in The Wall Street
\nJournal;<\/em> (b) if such Common Stock is publicly traded and is then listed on
\na national securities exchange, its closing price on the date of determination
\non the principal national securities exchange on which the Common Stock is
\nlisted or admitted to trading as reported in The Wall Street Journal;<\/em>
\n(c) if such Common Stock is publicly traded but is not quoted on the Nasdaq
\nMarket nor listed or admitted to trading on a national securities exchange, the
\naverage of the closing bid and asked prices on the date of determination as
\nreported in The Wall Street Journal; <\/em>or (d) if none of the foregoing is
\napplicable, by the Committee in good faith. “Insider<\/em>” means an officer
\nor director of the Company or any other person whose transactions in the
\nCompany153s Common Stock are subject to Section 16 of the Exchange Act.
\n“Outside Director” <\/em>shall mean a person who satisfies the requirements
\nof an “outside director” as set forth in regulations promulgated under Section
\n162(m) of the Code.<\/p>\n

11<\/p>\n

\n

“Option” <\/em><\/p>\n

means an award of an option to purchase Shares pursuant to Section 5.
\n“Parent” <\/em>means any corporation (other than the Company) in an unbroken
\nchain of corporations ending with the Company, if at the time of the granting of
\nan Award under this Plan, each of such corporations other than the Company owns
\nstock possessing 50% or more of the total combined voting power of all classes
\nof stock in one of the other corporations in such chain. “Participant”
\n<\/em>means a person who receives an Award under this Plan. “Performance
\nFactors” <\/em>means the factors selected by the Committee from among the
\nfollowing measures to determine whether the performance goals established by the
\nCommittee and applicable to Awards have been satisfied: (1) Net revenue and\/or
\nnet revenue growth; (2) Earnings before income taxes and amortization and\/or
\nearnings before income taxes and amortization growth; (3) Operating income
\nand\/or operating income growth; (4) Net income and\/or net income growth; (5)
\nEarnings per share and\/or earnings per share growth; (6) Total stockholder
\nreturn and\/or total stockholder return growth; (7) Return on equity; (8)
\nOperating cash flow return on income; (9) Adjusted operating cash flow return on
\nincome; (10) Economic value added; and (11) Individual business goals or
\ncriteria that can be objectively specified in a manner that complies with
\nSection 162(m). “Performance Period” <\/em>means the period of service
\ndetermined by the Committee, not to exceed five years, during which years of
\nservice or performance is to be measured for Restricted Stock Awards.
\n“Plan” <\/em>means this Symantec Corporation 2004 Equity Incentive Plan, as
\namended from time to time. “Purchase Price” <\/em>means the price to be paid
\nfor Shares acquired under this Plan pursuant to an Award other than an Option.
\n“Restricted Stock Award” <\/em>means an award of Shares pursuant to Section
\n7. “Restricted Stock Unit” <\/em>or “RSU” <\/em>means an award of Shares
\npursuant to Section 8. “Securities Act” <\/em>means the Securities Act of
\n1933, as amended. “Shares” <\/em>means shares of the Company153s Common Stock
\nreserved for issuance under this Plan, as adjusted pursuant to Sections 2 and
\n18, and any successor security. “Stock Appreciation Right” <\/em>or
\n“SAR” <\/em>means an Award, granted pursuant to Section 9.<\/p>\n

12<\/p>\n

\n

“Subsidiary” <\/em><\/p>\n

means any corporation (other than the Company) in an unbroken chain of
\ncorporations beginning with the Company if, at the time of granting of the
\nAward, each of the corporations other than the last corporation in the unbroken
\nchain owns stock possessing 50% or more of the total combined voting power of
\nall classes of stock in one of the other corporations in such chain.
\n“Termination” <\/em>or “Terminated” <\/em>means, for purposes of this Plan
\nwith respect to a Participant, that the Participant has for any reason ceased to
\nprovide services as an employee, director, consultant, independent contractor or
\nadvisor to the Company or a Parent, Subsidiary or Affiliate of the Company,
\nexcept in the case of sick leave, military leave, or any other leave of absence
\napproved by the Committee, provided that such leave is for a period of not more
\nthan ninety (90) days, or reinstatement upon the expiration of such leave is
\nguaranteed by contract or statute. The Committee will have sole discretion to
\ndetermine whether a Participant has ceased to provide services and the effective
\ndate on which the Participant ceased to provide services (the “Termination
\nDate”<\/em>).<\/p>\n

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