Dell 2000 Annual Report Download - page 49

(28) RETIREMENT DATE: The date upon which a Participant attains
sixty-five years of age.
(29) TRUST OR TRUST FUND: The fund consisting of funds, investments
and properties, if any, held pursuant to the provisions of the
Trust Agreement, together with all income, profit, and
increments thereto.
(30) TRUST AGREEMENT: The Dell Computer Corporation Deferred
Compensation Trust, entered into between the Company and the
Trustee pursuant to Section 10.3, as such agreement may be
amended from time to time.
(31) TRUSTEE: The corporation, individual or individuals appointed
by the Directors to administer the Trust Fund in accordance
with the terms of the Trust Agreement.
(32) UNFORESEEABLE FINANCIAL EMERGENCY: An unexpected need of the
Participant for cash, which (i) arises from an illness,
casualty loss, sudden financial reversal, or such other
unforeseeable occurrence that is caused by an event beyond the
control of the Participant, (ii) would result in severe
financial hardship to the Participant if his Compensation
Deferral election was not canceled pursuant to Section 3.1(c)
or if a
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withdrawal pursuant to Section 7.1 was not permitted, and
(iii) is not reasonably satisfiable from other resources of
the Participant. Cash needs arising from foreseeable events,
such as the purchase of a house or education expenses for
children, shall not be considered to be the result of an
Unforeseeable Financial Emergency.
(33) VALUATION DATES: Each day the New York Stock Exchange is open
for business.
(34) VESTED INTEREST: The percentage of a Participant's Accounts
that, pursuant to Article VI, is vested.
(35) VESTING SERVICE: With respect to each Participant, "Vesting
Service" as defined and credited under the Dell Computer
Corporation 401(k) Plan.
1.2 NUMBER AND GENDER. Wherever appropriate herein, words used in the
singular shall be considered to include the plural, and words used in
the plural shall be considered to include the singular. The masculine
gender, where appearing in the Plan, shall be deemed to include the
feminine gender.
1.3 HEADINGS. The headings of Articles and Sections herein are included
solely for convenience, and if there is any conflict between such
headings and the text of the Plan, the text shall control.
ARTICLE II.
PARTICIPATION
2.1 PARTICIPATION.
(a) Prior to the first day of each Plan Year, the Committee, in
its sole discretion, shall select and notify those Employees
who are newly eligible to become Participants as of such date.
Any such eligible Employee may become a Participant on such
date or on the first day of any subsequent Plan Year (with
respect to Base Salary deferrals) or as of the first day of
any Bonus Year (with respect to Bonus deferrals) by executing
and filing with the Committee, prior to the applicable
Election Date, the enrollment form prescribed by the
Committee.
(b) Notwithstanding Subsection (a) above, if an individual is
designated by the Committee as an Employee following the first
day of a Plan Year (with respect to Base Salary deferrals) or
prior to the Election Date for a Bonus Year (with respect to
Bonus deferrals), such eligible Employee may elect to become a
Participant as follows:
(1) with respect to Base Salary deferrals, by filing an
election with the Committee during the thirty
(30)-day period commencing on the date of such
selection or prior to the Election Date for any
subsequent Plan Year; and