Emergency Distribution. A Participant shall be permitted to elect an Emergency Distribution from his or her vested Accounts, subject to the following restrictions:

XX Participants may apply to have accounts distributed upon an Unforeseeable Emergency event.

Payment on Unforeseeable Emergency. The Committee may, in its sole discretion, direct payment to a Participant of all or of any portion of the Participant's Individual Account balance, notwithstanding an election under [subsection 8.2] above, at any time that it determines that such Participant has an unforeseeable emergency, and then only to the extent reasonably necessary to meet the emergency. For purposes of this section, "unforeseeable emergency" means severe financial hardship to the Participant resulting from a sudden and unexpected illness or accident of the Participant or of a dependent of the Participant, loss of the Participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant. The circumstances that will constitute an unforeseeable emergency will depend upon the facts of each case, but, in any case, payment may not be made to the extent that such hardship is, or may be, relieved --

Withdrawals for Unforeseeable Emergency. Upon approval by the Plan Committee, a Participant may withdraw all or any portion of his vested Account balance for an Unforeseeable Emergency. The amounts distributed with respect to an Unforeseeable Emergency may not exceed the amounts necessary to satisfy such Unforeseeable Emergency plus amounts necessary to pay taxes reasonably anticipated as a result of the distribution, after taking into account the extent to which such hardship is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Participant's assets (to the extent the liquidation of such assets would not itself cause severe financial hardship) or by cessation of deferrals under this Plan. “Unforeseeable Emergency” means for this purpose a severe financial hardship to a Participant resulting from an illness or accident of the Participant, the Participant's spouse, or a dependent (as defined in Code section 152(a)) of the Participant, loss of the Participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant. For the avoidance of doubt, a circumstance does not constitute an “Unforeseeable Emergency” for purposes of the Plan unless such circumstance constitutes an “unforeseeable emergency” as defined in Treas. Reg. § 1.409A-3(i)(3). The amount withdrawn for an Unforeseeable Emergency is subject to a minimum of $10,000.

Cancellation of Deferrals for Unforeseeable Emergency. In the event a Participant applies for and receives an Unforeseeable Emergency distribution in accordance with [Section 2.12] below, the Participant’s deferral elections for the remainder of the Plan Year shall be cancelled.

Subject to the guidelines set forth herein, the EBPC will have sole authority to determine if an Unforeseeable Emergency exists and, if so, the amount of the distribution necessary to meet the Unforeseeable Emergency. The decision of the EBPC will be final and binding upon all parties.

The Committee in its sole discretion may also permit distribution of all or a portion of the balance of a Participant’s Deferral Accounts to be made following the Committee’s receipt of written notice that an Unforeseeable Emergency has occurred with respect to such Participant. Such distribution shall be limited to the amount reasonably necessary to satisfy the need created by such Unforeseeable Emergency, plus any applicable taxes. If the Committee approves such an Unforeseeable Emergency distribution, no further Deferrals shall be made with respect to such Participant following the date of the Committee’s approval, and each Deferral Agreement to which such Participant is then a party shall be of no further effect. To the extent permitted under Section 409A of the Code, a Participant who receives a distribution due to an Unforeseeable Emergency may enter into a new Deferral Agreement in any Plan Year following the Plan Year in which the Participant received such distribution.

to evaluate a Participant's request for payment from his or her Standard Accrued Benefit, and to the extent applicable, his or her Modified Accrued Benefit, Incremental Accrued Benefit and/or Supplemental Accrued Benefit due to an Unforeseeable Emergency and determine whether Participant has experienced an Unforeseeable Emergency and approve the amount of any payment necessary to satisfy the Participant's emergency need.

7.7Unforeseeable Financial Emergency. Notwithstanding any provision in this Plan to the contrary, in the event that a Participant incurs an Unforeseeable Emergency (as defined below) that results in a severe financial hardship, the Participant may request that the Officer Committee cancel the Participant’s Deferral Election(s) then in effect. The cancellation of a Participant’s Deferral Election(s) pursuant to the preceding sentence will apply only to deferrals under this Plan and not to the deferral election in effect under the McDonald’s 401k Plan. To the extent that the cancellation of such Deferral Election is not sufficient to relieve the Unforeseeable Emergency, the Participant may request that the Officer Committee authorize a distribution from one or more of the Participant’s Accounts under the Plan in an amount that does not exceed the amount reasonably necessary to satisfy the Unforeseeable Emergency (including any Federal, state, local or foreign income taxes or penalties reasonably anticipated to be result from the distribution. The amount distributed pursuant to this [Section 7.7] must take into account the additional compensation available to the Participant as a result of the cancelation of his or her Deferral Election but does not need to take into account distributions or loans available under any other qualified or nonqualified retirement plan (including the McDonald’s 401k Plan). For purposes of this [Section 7.7], an “Unforeseeable Emergency” means a severe financial hardship to the Participant resulting from resulting from an illness or accident of the Participant, or the Participant’s spouse, beneficiary, dependent; loss of the Participant’s property due to casualty (including the need to rebuild a home following damage to a home not otherwise covered by insurance, for example, not as a result of a natural disaster); or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the service provider. The need to pay for the funeral expenses of a spouse, a beneficiary, or a dependent may also constitute an unforeseeable emergency. The Officer Committee shall have complete discretion in determining whether a Participant has incurred an Unforeseeable Emergency and the amount reasonably necessary to satisfy the Unforeseeable Emergency. Distributions pursuant to this Section shall be made in accordance with Treasury Regulation Section 1.409A-3(i)(3). Distributions made pursuant to this [Section 7.7] shall be made from the Participant’s Accounts in the following order: # from the Participant’s In-Service Accounts starting with the In-Service Account with the earliest Distribution Commencement Date, # from the Participant’s Separation From Service Lump Sum Account and finally # from the Participant’s Separation From Service Installment Account.

The Committee shall have made a determination that an Unforeseeable Emergency exists.