Dell 2003 Annual Report Download - page 144
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DELL COMPUTER CORPORATION
DEFERRED COMPENSATION PLAN
Dell Computer Corporation, a corporation organized and existing under the laws of the State of Delaware (the "Company"), hereby restates the Dell
Computer Corporation Deferred Compensation Plan (the "Plan"), such restatement to be effective as of January 1, 2002, except as otherwise provided herein;
W I T N E S S E T H:
WHEREAS, the Company wishes to promote in certain of its highly compensated employees, and those of its affiliates, the strongest interest in the
successful operation of the business and increased efficiency in their work, to align the financial interests of such employees with those of Company
shareholders and to provide an opportunity for accumulation of funds for their retirement; and
WHEREAS, the Plan was initially adopted effective May 1, 1991, and previously has been amended and restated effective as of April 1, 1996, January 1,
1999 and January 1, 2001; and
WHEREAS, it is intended that the Plan be "unfunded" for purposes of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and
not be construed to provide income to any participant or beneficiary under the Internal Revenue Code of 1986, as amended (the "Code") prior to actual receipt
of benefits hereunder;
NOW THEREFORE, the Plan is hereby restated in its entirety as follows with no interruption in time, effective as of January 1, 2002, except as otherwise
indicated herein:
ARTICLE I.
DEFINITIONS AND CONSTRUCTION
1.1 Definitions. Where the following words and phrases appear in the Plan, they shall have the respective meanings set forth below, unless their context
clearly indicates to the contrary.
(1) Account(s): A Participant's Compensation Deferrals Account and Company Credits Account, if any.
(2) Affiliate: Each trade or business (whether or not incorporated), which together with Dell Computer Corporation would be deemed to be a "single
employer" within the meaning of Code Section 414(b), (c), (m), or (o).
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