Dell 2007 Annual Report Download - page 124
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(i) Common stock issued by the Employer (or by a corporation which is a member of the same controlled group) which is readily tradeable on an
established securities market; or
(ii) If there is no common stock which meets the requirements of (i) above, then common stock issued by the Employer (or by a corporation which is a
member of the same controlled group) having a combination of voting power and dividend rights equal to or in excess of:
(iii) that class of common stock of the Employer (or any other such corporation) having the greatest voting power; and
(iv) that class of common stock of the Employer (or of any other such corporation) having the greatest dividend rights; or
(v) Noncallable preferred stock, if such stock is convertible at any time into stock which meets the requirements of (i) or (ii) above (whichever is
applicable) and if such conversion is at a conversion price that is reasonable. A preferred stock will be considered noncallable if after the call there
will be a reasonable opportunity for a conversion which meets the requirements of the preceding sentence in accordance with the applicable
Treasury Regulations.
1.22.
ERISA
ERISA means the Employee Retirement Income Security Act of 1974, as amended.
1.23.
Five Percent Owner
A "Five Percent Owner" is a Participant who owns, or is considered as owning within the meaning of Code Section 318, more than five percent (5%) of the
outstanding stock of the Employer or stock possessing more than five percent (5%) of the total combined voting power of all stock of the Employer; or in
the case of an unincorporated business, any person who owns more than five percent (5%) of the capital or profits interest in the Employer.
1.24.
Forfeiture
Forfeiture means the loss, by a Participant or Beneficiary of that part of the benefit which the Participant or Beneficiary otherwise would have received
under the Plan at any time prior to the termination of the Plan or the complete discontinuance of benefits under the Plan, arising from the Participant's
termination of employment.
1.25.
Former Employee
Former Employee means any individual who is no longer employed by the Employer.
1.26.
Former Participant
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