JOS A. BANK CLOTHIERS, INC.
2010 DEFERRED COMPENSATION PLAN
 Effective as of March 30, 2010




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TABLE OF CONTENTS
 PageINTRODUCTION
    
    
    1ARTICLE I  TITLE AND DEFINITIONS
    
    
    11.1 Definitions
    
    
    1ARTICLE II  PARTICIPATION
    
    
    62.1 Determination of Eligible Persons
    
    
    62.2 Enrollment; Duration of Participation
    
    
    62.3 Transfers to Non-Participating Related Companies
    
    
    62.4 Amendment of Eligibility Criteria
    
    
    6ARTICLE III  DEFERRAL ELECTIONS
    
    
    63.1 Elections to Defer Compensation
    
    
    63.2 Deemed Investment Elections
    
    
    83.3 Elections as to Form and Timing of Payment
    
    
    9ARTICLE IV  PARTICIPANT ACCOUNTS
    
    
    104.1 Maintenance of Accounts
    
    
    104.2 Hypothetical Investment in Stock Unit Account
    
    
    10ARTICLE V  VESTING
    
    
    11ARTICLE VI DISTRIBUTIONS
    
    
    116.1 General Provision
    
    
    116.2 Delay in Distribution for Specified Employees
    
    
    116.3 Change in Control
    
    
    116.4 Manner of PaymentCash vs. Stock
    
    
    116.5 Death of a Participant
    
    
    126.6 Delayed Distribution Attributable to Code Section 162(m)
    
    
    126.7 Hardship Distribution
    
    
    126.8 Inability to Locate Participant
    
    
    13ARTICLE VII  ADMINISTRATION
    
    
    137.1 Committee Action
    
    
    137.2 Powers and Duties of the Committee
    
    
    137.3 Construction and Interpretation
    
    
    147.4 Information
    
    
    147.5 Compensation, Expenses and Indemnity
    
    
    147.6 Filing a Claim
    
    
    147.7 Appeal of Denied Claims
    
    
    15ARTICLE VIII  MISCELLANEOUS
    
    
    168.1 Unsecured General Creditor
    
    
    168.2 Restriction Against Assignment
    
    
    168.3 Withholding
    
    
    168.4 Amendment, Modification, Suspension or Termination
    
    
    168.5 Governing Law
    
    
    178.6 Receipt or Release
    
    
    178.7 Payments on Behalf of Persons Under Incapacity
    
    
    178.8 Limitation of Rights and Employment Relationship
    
    
    178.9 Adjustments; Assumptions of Obligations
    
    
    178.10 Headings
    
    
    18EXHIBIT A  PARTICIPATING BUSINESS UNITS
    
    
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JOS A. BANK CLOTHIERS, INC.
2010 DEFERRED COMPENSATION PLAN
 INTRODUCTION
 JOS A. BANK CLOTHIERS, INC. 2010 DEFERRED COMPENSATION PLAN
  TITLE AND DEFINITIONS
 Definitions.
  Account Accounts
 Affiliate
 Base Salary
 Beneficiary Beneficiaries




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Board of Directors Board
 Business Unit
 Change in Control
 Code
 Committee
 Company
 Compensation
 Compensation Deferrals
 Dividend Equivalents
 Effective Date
 Election Period
 Eligible Director
 Eligible Employee
 Eligible Person
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Employer
 Equity Incentive Plan
 ERISA
 Exchange Act
 Fair Market Value
 Fees
 Other Cash-Based Awards
 Other Stock-Based Awards
 Participant
 Payment Date Distribution Date
     Payment Valuation Date
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Performance Based Compensation
 Performance Share Award Performance Share excluding
 Plan
 Plan Year
 Recordkeeper
 Restricted Stock Units
 Separation from Service
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Specified Employee
 Stock
 Stock Fund
 Stock Unit
 Stock Unit Account
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PARTICIPATION
 Determination of Eligible Persons
  Enrollment; Duration of Participation
  Transfers to Non-Participating Related Companies
  Amendment of Eligibility Criteria
  DEFERRAL ELECTIONS
 Elections to Defer Compensation
 Election to Defer; General Rule
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First Year of Eligibility not after
 Deferral of Restricted Stock Units or Other Forfeitable Rights no later than the
thirtieth day (i.e., if
the Deferral Election is made on the thirtieth day, the first vesting period must be at least 13
months long).
 Deferral of Performance Based Compensation later
 Deferral of Fiscal Year Compensation
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Maximum Amount of Deferral.
  Deemed Investments In Stock Fund
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Elections as to Timing of Payment by Eligible Employees; Form of Distribution.
    Separate Elections with respect to each Deferral.
 Subsequent Elections as to the Time of Payment
     Default.
 Timing of Distribution to Eligible Directors
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PARTICIPANT ACCOUNTS
 Maintenance of Accounts
     Hypothetical Investment in Stock Units
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VESTING
  DISTRIBUTIONS
 General Provision
   Delay in Distribution for Specified Employees
  Change in Control
  Manner of PaymentCash vs. Stock.
   11




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Death of a Participant
  Delayed Distribution Attributable to Code Section 162(m
  Hardship Distribution
         12




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Inability to Locate Participant
  ADMINISTRATION
 Committee Action
  Powers and Duties of the Committee
           13




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Construction and Interpretation
   Information
  Compensation, Expenses and Indemnity
    Filing a Claim
 In General
  14




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Contents of Notice
 Appeal of Denied Claims
 In General
 Contents of Notice
 Discretion of Appeals Committee
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MISCELLANEOUS
 Unsecured General Creditor
  Restriction Against Assignment
  Withholding
  Amendment, Modification, Suspension or Termination
   16




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Governing Law
  Receipt or Release
  Payments on Behalf of Persons Under Incapacity
  Limitation of Rights and Employment Relationship
  Adjustments; Assumptions of Obligations
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Headings
  th
 JOS. A. BANK CLOTHIERS, INC.By:Name:Title:  18




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Company Name
    
    Date of ParticipationJos. A. Bank Clothiers, Inc.
    
    March 30, 2010The Joseph A. Bank Mfg. Co., Inc.
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