ATHEROS COMMUNICATIONS INC - FORM 10-K - EX-10.33 - AMENDMENT DATED DECEMBER 13, 2008 TO 2004 STOCK INCENTIVE PLAN - February 12, 2010

Attached files

file filename
EX-21.1 - LIST OF SUBSIDIARIES OF THE REGISTRANT - ATHEROS COMMUNICATIONS INCdex211.htm
EX-23.2 - CONSENT OF PRICEWATERHOUSECOOPERS LLP - ATHEROS COMMUNICATIONS INCdex232.htm
EX-32.2 - CERTIFICATE OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 906 - ATHEROS COMMUNICATIONS INCdex322.htm
EX-10.5 - FORM OF STOCK OPTION AGREEMENT UNDER 2004 STOCK INCENTIVE PLAN - ATHEROS COMMUNICATIONS INCdex105.htm
EX-10.7 - FORM OF RESTRICTED STOCK UNIT AGREEMENT - 2004 STOCK INCENTIVE PLAN - ATHEROS COMMUNICATIONS INCdex107.htm
EX-23.1 - CONSENT OF DELOITTE & TOUCHE LLP - ATHEROS COMMUNICATIONS INCdex231.htm
EX-32.1 - CERTIFICATE OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 906 - ATHEROS COMMUNICATIONS INCdex321.htm
EX-31.2 - CERTIFICATE OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 302 - ATHEROS COMMUNICATIONS INCdex312.htm
EX-10.13 - FORM OF RESTRICTED STOCK UNIT AGREEMENT - 2009 INDUCEMENT GRANT INCENTIVE PLAN - ATHEROS COMMUNICATIONS INCdex1013.htm
10-K - FORM 10-K - ATHEROS COMMUNICATIONS INCd10k.htm
EX-31.1 - CERTIFICATE OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 302 - ATHEROS COMMUNICATIONS INCdex311.htm

EXHIBIT 10.33

AMENDMENT TO

ATHEROS COMMUNICATIONS, INC.

2004 STOCK INCENTIVE PLAN

In accordance with Section 20(b) of the Atheros Communications, Inc. 2004 Stock Incentive Plan, as amended (the “Plan”), the Plan is hereby amended as follows, effective on December 13, 2008:

 

  1. Section 17 of the 2004 Stock Incentive Plan is hereby amended, effective as of the date hereof, to replace subsection (c) thereof with the following:

“(c) Reduction of Payments. If the Auditors determine that any Payment would be nondeductible by the Company because of Section 280G of the Code, then the Company shall promptly give the Participant notice to that effect and a copy of the detailed calculation thereof and of the Reduced Amount. The Company shall eliminate or reduce the Payments in the order that provides the maximum economic benefit to the Participant (as long as after such elimination or reduction the aggregate present value of the Payments equals the Reduced Amount). For purposes of this Section 17, present value shall be determined in accordance with Section 280G(d)(4) of the Code. All determinations made by the Auditors under this Section 17 shall be binding upon the Company and the Participant and shall be made within 60 days of the date when a Payment becomes payable or transferable. As promptly as practicable following such determination, the Company shall pay or transfer to or for the benefit of the Participant such amounts as are then due to him or her under the Plan and shall promptly pay or transfer to or for the benefit of the Participant in the future such amounts as become due to him or her under the Plan.”

To record the amendment of the Plan, Atheros Communications, Inc. has executed this document this 13th day of December, 2008.

 

ATHEROS COMMUNICATIONS, INC.
By:  

/s/    Bruce P. Johnson

Title:   Assistant Secretary

ATHEROS COMMUNICATIONS INC Reports