Dell 2007 Annual Report Download - page 200

ARTICLE XVII
Exclusive Benefit
17.1. Exclusive Benefit
Except as provided under this Article and Article III, the Employer has no beneficial interest in any asset of the Trust and no part of any asset in the
Trust may ever revert to or be repaid to an Employer, either directly or indirectly. Further, prior to the satisfaction of all liabilities with respect to the
Participants and their Beneficiaries under the Plan, no part of the corpus or income of the Trust Fund, or any asset of the Trust, may be used for, or
diverted to, purposes other than the exclusive benefit of the Participants or their Beneficiaries. No amendment or revocation by the Employer of this
Section may cause or permit any portion of the Trust Fund to revert to or become a property of the Employer.
17.2. Denial of Request for Initial Approval
Any contribution to the Trust Fund associated with this Plan is conditioned on initial qualification of the Plan under applicable Code Sections 401(a),
403(a) or 405(a) and of the exemption of the Trust created under the Plan under Code Section 501(a). If the Commissioner of the Internal Revenue
Service, upon the Employer's request for initial approval of this Plan and Trust, determines that the Plan is not qualified or the Trust is not exempt, then
the Trustee may return to the Employer, within one (1) year after the date of final disposition of the Employer's request for initial approval, any
contribution made by the Employer, and any increment attributable to the contribution.
17.3. Mistake of Fact
Notwithstanding any contrary provision in this Agreement, if a contribution is made by an Employer by a mistake of fact, the contribution may be
returned to the Employer within one (1) year after the payment of the contribution. The amount of the mistaken contribution is equal to the excess of
(i) the amount contributed over (ii) the amount that would have been contributed had there not occurred a mistake of fact. Earnings attributable to
mistaken contributions may not be returned to the Employer, but losses attributable thereto shall reduce the amount to be returned.
17.4. Disallowance of Deduction
Notwithstanding any contrary provision in this Agreement, any contributions by the Employer to the Plan and Trust are conditioned on the deductibility
of the contribution by the Employer under the Code. To the extent any deduction is disallowed, the Employer, within one (1) year following a final
determination of the disallowance, whether by agreement with the Internal Revenue Service or by final decision in a court of competent jurisdiction,
may demand repayment of the disallowed contribution, and the Trustee shall return the contribution within one (1) year following the disallowance.
Earnings attributable to excess contributions may not be returned to the Employer, but losses attributable thereto shall reduce the amount to be returned.
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