Dell 2001 Annual Report Download - page 67

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EXHIBIT 10.9
AMENDMENT NO. 2 TO THE
DELL COMPUTER CORPORATION
401(K) PLAN
THIS AMENDMENT is made as of the 1st day of January, 2001 by DELL
COMPUTER CORPORATION, a Texas corporation, (the "Company");
WHEREAS, the Company has heretofore adopted and maintains the Dell
Computer Corporation 401(k) Plan (the "Plan") for the benefit of eligible
employees of the Company and its participating affiliates; and
WHEREAS, the Company desires to amend the Plan's provisions concerning
participant loans and vesting in certain respects;
NOW THEREFORE, the Plan is hereby amended as follows, effective as of
January 1, 2001, except as otherwise indicated herein:
1. Plan Section 1.1 is hereby amended by revising Subsection (ii) to
add the following new Paragraph (7) to the end thereof, to be and read as
follows:
"(7) An individual's Period of Service shall include any period of
employment by such individual with Dell Financial Services,
L.P.; provided, however, that this provision shall apply
solely to an individual who becomes an Employee immediately
following the date of his or her termination of employment
with Dell Financial Services, L.P."
2. Plan Section 7.4 is hereby amended by adding the following new
Subsection (g) to the end thereof, to be and read as follows:
"(g) SPECIAL RULES FOR DFS EMPLOYEES. Notwithstanding the
preceding, any Participant who terminates his or her
employment with the Employer pursuant to a written agreement
which provides that he or she shall accept employment with
Dell Financial Services, L.P., which is an affiliate of the
Employer, shall be 100% vested in his or her account balance
as of December 31, 2001. This Subsection shall not apply to
individuals who terminate employment after December 31, 2001."
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