Performance-Based Compensation. Participants may file a Compensation Deferral Agreement with respect to Performance-Based Compensation no later than the date that is six months before the end of the performance period, provided that:

Performance-based Compensation. If any Bonus Compensation constitutes "performance-based compensation" within the meaning of Treas. Reg. [Section 1.409A-1(e)])], then the Election Period for such amounts shall be determined by the Plan Committee in accordance with Treas. Reg. [Section 1.409A-1(e)])] (and in no event later than the date on which the amount of the performance-based compensation becomes readily ascertainable).

A special election period

Performance-based Compensation. If any Bonus Compensation constitutes “performance-based compensation” within the meaning of Treas. Reg. [Section 1.409A-1(e)])], then, to the extent permitted by the Plan Administrator, the Election Period for such amounts shall end no later than six months before the end of the performance period for which the Bonus Compensation is earned (and in no event later than the date on which the amount of the Bonus Compensation becomes readily ascertainable).

Performance-Based Compensation. Notwithstanding the foregoing, a Participant’s election for a Plan Year shall not apply to any Bonus relating to a Bonus period that begins before the first day of the Plan Year unless the Bonus meets the requirements for “performance-based compensation” within the meaning of Section 409A of the Code and the regulations thereunder and the election is made no later than six months before the end of the Bonus period in compliance with Section 409A of the Code and the regulations thereunder. Any election to defer performance-based compensation that is made in accordance with this paragraph and that becomes payable as a result of the Participant’s death or disability (as defined in Treasury Regulation Section 1.409A-1(e)) or upon a Change in Control prior to the satisfaction of the performance criteria, will be void. An election to defer performance-based compensation becomes irrevocable as of the latest date for filing such election.

A special election period

Performance-Based Compensation. Notwithstanding the foregoing, a Participant’s election for a Plan Year shall not apply to any Bonus relating to a Bonus period that begins before the first day of the Plan Year unless the Bonus meets the requirements for “performance-based compensation” within the meaning of Section 409A of the Code and the regulations thereunder and the election is made no later than six months before the end of the Bonus period in compliance with Section 409A of the Code and the regulations thereunder. Any election to defer performance-based compensation that is made in accordance with this paragraph and that becomes payable as a result of the Participant’s death or disability (as defined in Treasury Regulation Section 1.409A-1(e)) or upon a Change in Control prior to the satisfaction of the performance criteria, will be void. An election to defer performance-based compensation becomes irrevocable as of the latest date for filing such election.

A special election period

Performance-Based Compensation. Performance-Based Compensation means Compensation where the amount of, or entitlement to, the Compensation is contingent on the satisfaction of pre-established organizational or individual performance criteria relating to a performance period of at least 12 consecutive months. Organizational or individual performance criteria are considered pre-established if established in writing by not later than 90 days after the commencement of the period of service to which the criteria relate, provided that the outcome is substantially uncertain at the time the criteria are established. The determination of whether Compensation qualifies as “Performance-Based Compensation” will be made in accordance with Treas. Reg. [Section 1.409A-1(e)])] and subsequent guidance.

Performance-Based Compensation. Notwithstanding any provision of paragraphs [(a) and (b) above] to the contrary, a Participant may elect to defer or specify a Distribution Schedule with respect to all or a portion of his Annual Compensation which constitutes Performance-Based Compensation by submitting an executed participation agreement to the Administrator, in such form as the Administrator shall require, no later than six (6) months prior to the end of the applicable performance period.