Establishment of the WhiteWave EDCP. Prior to the Distribution Date, WhiteWave shall take steps to establish a nonqualified executive deferred compensation plan to be effective as of the Distribution Date for the benefit of WhiteWave Employees (the “WhiteWave EDCP”) that is substantially similar to the Xxxx Foods EDCP. WhiteWave shall be responsible for taking or causing to be taken all necessary, reasonable, and appropriate action to establish, maintain, and administer the WhiteWave EDCP in a manner consistent with the provisions of Section 409A of the Code and the regulations promulgated thereunder.
Appears in 4 contracts
Samples: Employee Matters Agreement (Dean Foods Co), Employee Matters Agreement (WHITEWAVE FOODS Co), Employee Matters Agreement (WHITEWAVE FOODS Co)
