Dell 2008 Annual Report Download - page 108

unless, within the ninety (90) day period ending on the date the pledge becomes effective, the Participant's spouse, if any, consents (in a manner
described in Section 9.6 other than the requirement relating to the consent of a subsequent spouse) to the security, or, by a separate consent, to an
increase in the amount of security. No loan shall be provided to a Participant unless such Participant is on the U.S. payroll of the Employer.
Notwithstanding the foregoing, if the Plan permits loan transfers in connection with either a Plan merger or an acquisition, the amortization schedule
for each transferred loan shall be maintained, as long as the loan terms do not exceed sixty (60) months.
2. Subsection 14.1(b)(iii) of the Plan is hereby amended by adding the following language to the end thereof, to be and read as follows:
"Notwithstanding the foregoing, if the Plan permits loan transfers in connection with either a Plan merger or an acquisition and the number of permitted
loans in the "merged" or "acquired" plan exceeds the number permitted by the Plan's loan policy, then the Participant may retain all loans that were
assumed by the Plan in connection with the Plan merger or acquisition."
3. Section 7.3(c) is hereby amended by adding Subsection (v), to be and read as follows:
"(v) Notwithstanding the foregoing paragraph (b), the Administrator shall, at the end of each calendar quarter, identify each Participant with a termination
of employment date during the previous 365 days who continues to maintain an account balance in the Plan and shall determine whether such Participant's
account balance is maintained due to a post-distribution allocation adjustment. The Administrator shall, as soon as administratively feasible following the
end of the calendar quarter, make an additional distribution to each such Participant in order to distribute the remaining balance of his or her Account. Such
distribution shall be made in the same manner previously selected by the Participant in accordance with Section 9.1. Once payment has been made, the
Account of each such former Participant shall be closed."
4. Section 5.4 is hereby amended in its entirety, to be and read as follows:
"5.4 Limitations on Allocations Under Code Section 415. Contributions hereunder shall be subject to the limitations of Code Section 415 and Treasury
Regulations published pursuant to such Code Section on April 5, 2007, the provisions of which are specifically incorporated by reference; to the extent any
portion of this Section conflicts with such Regulations, the provisions of the Regulations shall govern.
(a) The Annual Additions to a Participant's Individual Accounts hereunder (together with the Annual Additions to the Participant's account(s) under any
other defined contribution plans required to be aggregated with the Plan) for any Limitation Year may not exceed the lesser of:
2