|INTERPUBLIC GROUP OF COMPANIES, INC. filed this Form 10-Q on 10/26/2017|
unable to perform the duties of his position of employment or any substantially similar position of employment, the preceding sentence shall be deemed to refer to a 29-month period rather than to a six-month period. For the avoidance of doubt, a leave of absence shall be treated as bona fide only if there is a reasonable expectation that the Participant will return from such leave; and
A sale of assets by Interpublic or a Subsidiary to an unrelated buyer that results in the Participant working for the buyer or one of its affiliates shall not, by itself, constitute a “separation from service” unless Interpublic, with the buyer’s written consent, so provides in writing 60 or fewer days before the closing of such sale.
2.2. Rules of Construction.
For purposes of the Plan, unless the contrary is clearly indicated by the context:
The use of the masculine gender shall also include within its meaning the feminine and vice versa;
The use of the singular shall also include within its meaning the plural and vice versa;
The word “include” shall mean to include, but not to be limited to;
Any reference to a statute or section of a statute shall further be a reference to any successor or amended statute or section, and any regulations or other guidance of general applicability issued thereunder; and
“As soon as practicable,” with respect to any date or event, shall mean on the earliest administratively practicable date after the relevant date or event, but no later than (1) the last day of the calendar year in which the relevant date or event occurs or (2) the 90th day following the occurrence of the relevant date or event, whichever occurs later. Such earliest administratively practicable date shall be determined by Interpublic in its sole discretion.
References to “termination of employment,” “separation,” and similar terms mean the Participant’s “separation from service” within the meaning of section 409A(a)(2)(A)(i) of the Code. No benefit shall be payable under this Plan unless the Participant has incurred a qualifying separation from service (within the meaning of Section 409A(a)(2)(A)(i) of the Code) with his Employer, Interpublic, and its Subsidiaries.