Dell 2003 Annual Report Download - page 129

Download and view the complete annual report

Please find page 129 of the 2003 Dell annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 174

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146
  • 147
  • 148
  • 149
  • 150
  • 151
  • 152
  • 153
  • 154
  • 155
  • 156
  • 157
  • 158
  • 159
  • 160
  • 161
  • 162
  • 163
  • 164
  • 165
  • 166
  • 167
  • 168
  • 169
  • 170
  • 171
  • 172
  • 173
  • 174

XV.
PARTICIPATING EMPLOYERS
15.1 Designation of Other Employers.
(a) The Committee may designate any entity or organization eligible by law to participate in the Plan and the Trust as an Employer by written
instrument delivered to the Secretary of the Company, the Trustee, and the designated Employer. Such written instrument (i) shall specify the
effective date of such designated participation, (ii) may incorporate specific provisions relating to the operation of the Plan that apply to the
designated Employer only, (iii) may designate that certain Employees are Eligible Employees, and (iv) shall become, as to such designated
Employer and its Employees, a part of the Plan and the Trust Agreement.
(b) Each designated Employer shall be conclusively presumed to have consented to its designation and to have agreed to be bound by the terms of the
Plan and Trust Agreement and any and all amendments thereto upon its submission of information to the Committee required by the terms of or
with respect to the Plan or upon making a contribution to the Trust Fund pursuant to the terms of the Plan; provided, however, that the terms of the
Plan may be modified so as to increase the obligations of an Employer only with the consent of such Employer, which consent shall be
conclusively presumed to have been given by such Employer upon its submission of any information to the Committee required by the terms of or
with respect to the Plan or upon making a contribution to the Trust Fund pursuant to the terms of the Plan following notice of such modification.
(c) The provisions of the Plan and the Trust Agreement shall apply separately and equally to each Employer and its Employees in the same manner as
is expressly provided for the Company and its Employees, except that the power to appoint or otherwise affect the Committee or the Trustee and
the power to amend or terminate the Plan and Trust Agreement shall be exercised by the Directors, or by the Committee, if applicable, and, in the
case of Employers that are Controlled Entities, Employer Retirement Savings Contributions to be allocated pursuant to Subsection 4.2(d) shall be
allocated on an aggregate basis among the Participants employed by all Employers; provided, however, that each Employer shall contribute to the
Trust Fund its share of the Employer Retirement Savings Contribution for a Plan Year based on the Participants in its employ during such Plan
Year who will receive such contribution for such Plan Year.
(d) Transfer of employment among Employers shall not be considered a termination of employment hereunder, and Service with one shall be
considered as Service with all others.
(e) Any Employer may, by appropriate action of its board of directors or noncorporate counterpart communicated in writing to the Secretary of the
Company, the Trustee, and the Committee, terminate its participation in the Plan
-61-