Mississippi Amended and Restated Employee Stock Purchase Plan

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Multi-State
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US-CC-19-179
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19-179 19-179 . . . Employee Stock Purchase Plan under which each employee of corporation and its wholly-owned direct or indirect, domestic and foreign subsidiaries that have authorized participation in Plan (Participating Company) can contribute up to 15% of earnings through payroll deductions and Participating Company contributes a cash amount equal to 5% of participant's payroll deductions for first year of participation, additional 7% for second year, additional 10% for third year, additional 13% for fourth year and additional 15% for fifth year. Custodian of plan purchases shares of common stock on open market or from corporation at current market prices, using payroll deductions and applicable matching Company contributions

The Mississippi Amended and Restated Employee Stock Purchase Plan is a comprehensive program designed to offer eligible employees the opportunity to purchase company stock at a discounted price. The plan is implemented by companies operating in Mississippi, providing employees with a valuable benefit to participate in the company's success. The Mississippi Amended and Restated Employee Stock Purchase Plan aims to foster employee ownership and engagement by offering a convenient and accessible way for employees to purchase company stock. By doing so, employees become stakeholders in the company, aligning their interests with the organization's overall goals and success. Under this plan, eligible employees have the option to contribute a portion of their salary over a specified period. These contributions are used to purchase company stock at a discounted price, usually at a predetermined rate. The exact terms and conditions of the plan may vary depending on the company's policies, which are outlined in the plan's documents. The Mississippi Amended and Restated Employee Stock Purchase Plan typically includes features such as employee eligibility criteria, purchase periods, contribution limits, and stock purchase methods. It ensures that employees understand the details surrounding their participation and provides a framework for the smooth functioning of the program. Companies implementing this plan may also offer different types of stock purchase options to accommodate employees' preferences and investment strategies. Some variations may include: 1. Non-Qualified Plan: This type of stock purchase plan does not offer any special tax advantages but provides employees with the flexibility to purchase company stock. 2. Qualified Plan: In contrast to non-qualified plans, qualified plans offer certain tax advantages to the employees. Contributions are typically made through payroll deductions, allowing employees to save on taxes through deductions. 3. Section 423 Plan: Named after section 423 of the Internal Revenue Code, this type of plan serves as a tax-advantaged Employee Stock Purchase Plan (ESPN). Participants may receive favorable tax treatment on both the purchase price and any potential gains upon selling the stock. 4. Look back Plan: A Look back Plan allows employees to purchase company stock at a discounted price based on the lowest of either the stock price at the beginning or the end of the purchase period. This feature enables employees to potentially maximize their gains. Overall, the Mississippi Amended and Restated Employee Stock Purchase Plan provides employees with an opportunity to become shareholders in their company, fostering a sense of ownership and incentivizing them to contribute to the company's growth and success.

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FAQ

In this situation, you sell your ESPP shares more than one year after purchasing them, but less than two years after the offering date. This is a disqualifying disposition because you sold the stock less than two years after the offering (grant) date.

Qualifying disposition: You sold the stock at least two years after the offering (grant date) and at least one year after the exercise (purchase date). If so, a portion of the profit (the ?bargain element?) is considered compensation income (taxed at regular rates) on your Form 1040.

A: Yes. You may withdraw from the ESPP by notifying Fidelity and completing a withdrawal election. When you withdraw, all of the contributions accumulated in your account will be returned to you as soon as administratively possible and you will not be able to make any further contributions during that offering period.

ESPP lookback allows you to buy shares at a lower price point. An ESPP lookback allows you to purchase the share price of either A: the enrollment date (1 Jan) or B: the purchase date (30 Jun), whichever is lower.

In an ESPP with a reset feature, the look-back purchase price will "reset" if the stock price at a future purchase date is lower than the stock price on the first day of the offering period. On the date that a reset feature is triggered, the terms of the award have been modified.

To get a favorable tax treatment, you have to hold the shares purchased under a Section 423 plan at least one year after the purchase date, and two years after the grant date. Q. How am I taxed in my ESPP? A.

You may withdraw from the ESPP by notifying Fidelity and completing a withdrawal election. When you withdraw, all of the contributions accumulated in your account will be returned to you as soon as administratively possible and you will not be able to make any further contributions during that offering period.

Taxes on your ESPP transaction will depend on whether the sale is a qualifying disposition or not. The sale will be considered a qualifying disposition if it meets both of these criteria: You held the stocks for at least one year from the PURCHASE date. You held the stocks for at least two years from the OFFERING date.

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Mississippi Amended and Restated Employee Stock Purchase Plan