exhibit 10. 1 autonation, inc. deferred compensation plan effective december 1, 2005 exhibit 10. 1 autonation, inc. deferred compensation plan effective december 1, 2005 autonation, inc. deferred compensation plan article i establishment and purpose 1 article ii definitions 1 article iii eligibility and participation 7 article iv deferral elections 7 article v company discretionary contributions 11 article vi valuation of accounts ; deemed investments 11 article vii distribution and withdrawals 12 article viii administration 15 article ix amendment and termination 16 article x informal funding 16 article xi claims 17 article xii general conditions 20 autonation, inc. deferred compensation plan article i establishment and purpose 1 article ii definitions 1 article iii eligibility and participation 7 article iv deferral elections 7 article v company discretionary contributions 11 article vi valuation of accounts ; deemed investments 11 article vii distribution and withdrawals 12 article viii administration 15 article ix amendment and termination 16 article x informal funding 16 article xi claims 17 article xii general conditions 20 article i establishment and purpose article ii definitions article iii eligibility and participation article iv deferral elections article v company discretionary contributions article vi valuation of accounts ; deemed investments article vii distribution and withdrawals article viii administration article ix amendment and termination article x informal funding article xi claims article xii general conditions article i establishment and purpose autonation, inc. ( the “ company ” ) hereby adopts the autonation, inc. deferred compensation plan ( the “ plan ” ), effective december 1, 2005 ( the “ effective date ” ). the purpose of the plan is to provide each participant with an opportunity to defer receipt of a portion of his or her salary, bonus and other specified cash compensation. the plan is not intended to meet the qualification requirements of section 401 ( a ) of the code. the plan is intended : ( i ) to meet the requirements of code section 409a and other relevant provisions of the act ; ( ii ) to be an unfunded arrangement providing deferred compensation to eligible employees who are part of a select group of management or highly compensated employees of the company and its subsidiaries within the meaning of sections 201, 301 and 401 of erisa ; ( iii ) to be exempt from the requirements of parts 2, 3 and 4 of title i of erisa as a “ top hat ” plan ; and ( iv ) to be eligible for the alternative method of compliance for reporting and disclosure available for unfunded “ top hat ” plans. article ii definitions