Dell 2003 Annual Report Download - page 150
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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 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
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