Elective Deferral Credit. The Plan Administrator shall credit to the Account of each Participant the amount, if any, of the Retainer the Participant elected to defer pursuant to this [Section 2]. Such amount shall be credited as nearly as practicable as of the time or times when the Retainer would have been paid to the Participant but for the election to defer.

Deferral Credit. A “Deferral Credit” is the amount credited to a Participant’s Account pursuant to [Section 2.6].

"Pre-Tax Elective Deferral Account" means the portion of the Elective Deferral Account attributable to Pre -Tax Elective

The plan administrator shall calculate the actual deferral percentage for the highly compensated employees as described in [Section 3.4(a)], taking into account any participant contributions made to the Roth elective deferral account. Further, the Roth elective deferral account shall be included with the 401(k) elective deferral account for purposes of the actual deferral percentage and actual contribution percentage tests. Unless specifically stated otherwise, Roth elective deferrals shall be treated as elective deferrals for all purposes under the plan.

Availability of Election – An active participant who is eligible to make 401(k) elective deferral contributions shall be eligible to designate all or a portion of his elective deferral contributions to be credited to his Roth elective deferral account. Such designation shall be irrevocable. The amount of Roth elective deferral together with any salary deferral made under [Section 3.4] may range as provided under [Section 3.4(b)(1)].

"Roth Elective Deferral Account" means the portion of the Elective Deferral Account attributable to Roth Elective Deferrals (i.e., that are subject to federal income tax at the time of their deferral to t he Plan) which does not include amounts attributable to "in-Plan Roth rollover contributions" (as defined in [Section 12.11]). No contributions other than Roth Elective Deferrals and properly attributable earnings will be credited to each Participant's Roth Elective Deferral Account.

For plan years beginning after ​, distribution of excess contributions for a year shall be made first from the participant's Roth elective deferral account, to the extent Roth elective deferrals were made for the year. Excess elective deferrals shall only be distributed from the 401(k) elective deferral account after the Roth elective deferrals made for the year have been fully distributed.

or a portion of the distribution is to be taken from his Roth elective deferral account (including any Roth elective deferral account for which there is separate accounting under his rollover/transfer account).

Elective Options. Each Elective Option shall vest and become exercisable as to 25% of the Shares subject to the Elective Option (each, a “Tranche”) upon the Non-Employee Director completing three months of continuous service as a Non-Employee Director, or in the applicable position, following the Issue Date, provided that the fourth and final Tranche of each Elective Option will vest and become exercisable on the earlier of the first anniversary of the Issue Date or the day immediately prior to the date of the next annual meeting of the Company’s stockholders occurring after the Issue Date. By way of example, if, during a given Service Year, a Non-Employee Director ceases to serve on a committee of the Board for which such Non-Employee Director was granted a Committee Member Retainer Elective Option but continues to serve on the Board as a Non-Employee Director, such Non-Employee Director’s Base Retainer Elective Option will continue to vest and become exercisable while such Non-Employee Director continues to serve as a Non-Employee Director and any portion of such Non-Employee Director’s Committee Member Retainer Elective Option that has not become vested and exercisable on or prior to the date such Non-Employee Director ceases to serve on such committee shall be immediately forfeited on the date such Non-Employee Director ceases to serve on such committee.

Elective Deferrals. A participant may elect, by filing the appropriate form pursuant to [Section 8], to defer receipt for any calendar year of either # all of the compensation payable to the participant for serving on the Board of Directors and any committee thereof, # only the retainer fee payable to the participant for service on the Board of Directors, or # any percentage, equal to or exceeding twenty-five percent of the compensation payable to the participant specified in [clause (1) hereof].