Dell 2007 Annual Report Download - page 191

from investments made at the direction of the Participant. As of the Accounting Date, or other Valuation Date, for each Plan Year, the Committee
will allocate and credit the net income or charge the net loss from a Participant's segregated Rollover Account and credit or charge respectively
the increase or decrease in the fair market value of the assets of a segregated Rollover Account solely to that Rollover Account. The Trustee is
not liable nor responsible for any loss resulting to any Beneficiary, nor to any Participant, because of any sale or investment made or other action
taken pursuant to and in accordance with the direction of the Participant. In all other respects, the Trustee will hold, administer and distribute a
Rollover Contribution in the same manner as any Employer contribution made to the Trust Fund.
(c) A Participant's Rollover Contributions shall not be forfeitable nor reduce in any way the obligations of the Employer under this Agreement.
(d) If any portion of a Participant's Rollover Contribution is attributable to Salary Reduction Contributions made by the Participant to the transferor
plan, this Plan shall continue the distributions restrictions described in Section 6.2(b) that apply to such amounts.
15.2. Merger and Direct Transfer
To the extent directed by the Committee, the Trustee possesses the specific authority to enter into merger agreements or direct transfer of assets
agreements with the trustees of other retirement plans described in Code Section 401(a), including an Elective Transfer defined in Section 15.3, and to
accept the direct transfer of plan assets or to transfer plan assets, as a party to any agreement. Further, the Trustee may permit the transfer of plan assets
to an individual retirement account or an individual retirement annuity. However, the Trustee, before any merger or direct transfer is consummated,
shall be satisfied that the holding of any transferred assets is permitted by the transferee trusts. In addition, if the transferee plan contains a cash or
deferred arrangement, the Trustee must reasonably determine, prior to permitting such a transfer, that the transferee plan will continue the distribution
restrictions of Code Sections 401(k)(2) and 401(k)(10) on any transferred amounts that are attributable to Salary Reduction Contributions of
Participants. When the Trustee is so satisfied, the Trustee shall accept the direct transfer of plan assets or shall cause to be transferred the assets directed
to be transferred and as appropriate shall direct the insurance company to transfer any contracts held by it to the new Trustee. The Trustee may accept a
direct transfer of plan assets on behalf of an Employee prior to the date the Employee satisfies the Plan's eligibility conditions. If the Trustee accepts a
direct transfer of plan assets, the Committee and Trustee must treat the Employee as a Participant for all purposes of the Plan except that the Employee
is not a Participant for purposes of sharing in Employer contributions or Participant Forfeitures under the Plan until the Employee actually becomes a
Participant in the Plan.
The Trustee may not consent to, or be a party to, any merger or consolidation with another plan or to a transfer of assets and liabilities to another plan,
unless, immediately after the merger, consolidation or transfer the surviving plan provides each Participant a
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