Dell 2007 Annual Report Download - page 144

administratively feasible after the end of the Limitation Year, the Committee will determine the Maximum Permissible Amount for the Limitation
Year based on the Participant's actual 415 Compensation for the Limitation Year.
(c) Disposition of Excess Amount. If pursuant to Subsection 5.4(b) or because of an allocation of Forfeitures, there is an Excess Amount attributable to
a Participant for a Limitation Year, then the Committee will dispose of the Excess Amount as follows:
(i) The Committee shall return any nondeductible Participant Voluntary After Tax Contributions to the Participant to the extent that the return
would reduce the Excess Amount.
(ii) If, after the application of clause (i) an Excess Amount still exists, and the Plan covers the Participant at the end of the Limitation Year, then
the Committee will use the Excess Amounts to reduce future Employer contributions (including any allocation of Forfeitures) under the Plan
for the next Limitation Year and for each succeeding Limitation Year, as is necessary, for the Participant. The Participant may elect to limit
415 Compensation for allocation purposes to the extent necessary to reduce the allocation for the Limitation Year to the Maximum
Permissible Amount and eliminate the Excess Amount.
(iii) If, after the application of clause (i) an Excess Amount still exits and the Plan does not cover the Participant at the end of the Limitation Year,
then the Committee shall hold the Excess Amount in a suspense account and use the Excess Amount to reduce Employer contributions on
behalf of remaining Participants and shall allocate and reallocate to the Individual Accounts of remaining Participants in succeeding
Limitation Years to the extent permissible under the foregoing limitations, prior to any further Annual Additions to the Plan. If the Plan should
be terminated or contributions should be completely discontinued, the funds in the suspense account will be allocated to the extent not
prohibited by Code Section 415. Any suspense account shall not be adjusted for investment gains or losses of the Trust Fund.
(iv) The Committee will not distribute any Excess Amount(s) to Participants or to Former Participants.
(v) Notwithstanding the foregoing sentence and the foregoing clauses (i) through (iv), the Committee may distribute Salary Reduction
Contributions or return Voluntary After Tax Contributions, to the extent the distribution or return would reduce the excess amounts in the
Participant's Individual Accounts.
(d) Multiple Defined Contribution Plan Limits. If the Employer, Participating Employer and any Related Employers maintain any other qualified
defined 4