Dell 2006 Annual Report Download - page 160

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when the Compensation that is subject to the election would be currently available to the Employee in the absence of such an agreement."
2. Section 3.1 is hereby amended by revising Subsections (g) and (h), to be and read as follows:
"(g) Reserved.
(h) Reserved."
3. Section 3.2 is hereby amended by revising Subsection (c), to be and read as follows:
"(c) Reserved."
4. Subsection 3.2(d) of the Plan is hereby amended, as underlined, to be and read as follows:
"(d) The Employer shall contribute to the Trust for each pay period, as Safe Harbor Matching Contributions, an amount that equals 100% of the Salary
Reduction Contributions, including any applicable Catch-Up Contributions, that were made pursuant to Sections 3.1 and 18.8(a), respectively, on
behalf of each of the Participants during such pay period and that were not in excess of 4% of each such Participant's Considered Compensation for
such pay period. Safe Harbor Matching Contributions shall be 100% vested and nonforfeitable at all times and shall be allocated to the Employer
Contribution Account of each Participant. A Safe Harbor Matching Contribution may be contributed to the Plan concurrently with Participant's
Salary Reduction Contribution and any applicable Catch-Up Contribution to which the Safe Harbor Matching Contribution relates, but in no event
shall the Safe Harbor Matching Contribution be contributed to the Plan prior to such Participant's Salary Reduction Contribution. Further, pursuant
to the safe harbor requirements of Code Section 401(k)(3), the Employer shall be required to contribute before the due date of the Employer's tax
return, as extended, such additional amount as may be necessary to ensure that each Participant eligible to receive an allocation of the Safe Harbor
Matching Contribution for the Plan Year shall receive an amount for such Plan Year equal to the lesser of 100% of the amount deferred by such
Participant for such Plan Year or four percent (4%) of such Participant's Annual Compensation for such Plan Year. The Participant shall not be
required to complete a specified Period of Service or be employed on the last day of the Plan Year in order to share in this additional amount.
No more than ninety (90), and no fewer than thirty (30), days prior to the beginning of each Plan Year, the Employer shall provide to each
Participant a Safe Harbor Notice. If an Employee will become a Participant in the Plan after the date such notice is provided for a Plan Year but prior
to the beginning of the next Plan Year, then the Employer shall provide such Employee a Safe Harbor Notice no later than the date such Employee
becomes eligible to participate in the Plan. The Safe Harbor Notice shall be sufficiently accurate and comprehensive to inform the
2