Dell 2008 Annual Report Download - page 169

may be paid by the Company and, if not so paid, shall be paid by the Trustee from the Trust Fund, if any.
(f) All income, profits, recoveries, contributions, forfeitures and any and all moneys, securities, and properties of any kind at any time received or
held by the Trustee, if any, shall be held for investment purposes as a commingled Trust Fund pursuant to the terms of the Trust Agreement. The
Committee shall maintain Accounts in the name of each Member, but the maintenance of Accounts designated as Accounts of a Member shall
not mean that such Member shall have a greater or lesser interest than that due him under the terms of the Plan and shall not be considered as
segregating any funds or property from any other funds or property contained in the commingled fund.
ARTICLE XI.
MISCELLANEOUS
11.1 Limitation of Rights. The adoption and maintenance of the Plan shall not be deemed to give any person any right except to the extent that the right is
specifically provided under the terms of the Plan. The establishment of the Plan shall not be deemed to give any individual a right to the continued
service of the Company as a non-employee director or as to interfering with the right of the Company to terminate the service of any individual as a
non-employee director at any time.
11.2 Alienation of Interest Forbidden. The interest of a Member or his Beneficiary or Beneficiaries hereunder may not be sold, transferred, assigned, or
encumbered in any manner, either voluntarily or involuntarily, and any attempt to so anticipate, alienate, sell, transfer, assign, pledge, encumber, or
charge the same shall be null and void, nor shall the benefits hereunder be liable for or subject to the debts, contracts, liabilities, engagements, or torts
of any person to whom such benefits or funds are payable, nor shall they be an asset in bankruptcy or subject to garnishment, attachment, or other legal
or equitable proceedings. The preceding notwithstanding, the Committee shall comply with the terms and provisions of a QDRO as defined in ERISA
Section 206(d).
11.3 Minor or Legally Incompetent Distributee. Whenever any benefit which shall be payable under the Plan is to be paid to or for the benefit of any
person who is then a minor or determined by the Committee to be incompetent by qualified medical advice, the Committee need not require the
appointment of a guardian or custodian, but shall be authorized to cause the same to be paid over to the person having custody of the minor or
incompetent, or to cause the same to be paid to the minor or incompetent without the intervention of a guardian or custodian, or to cause the same to be
paid to a legal guardian or custodian of the minor or incompetent if one has been appointed or to cause the same to be used for the benefit of the minor
or incompetent.
11.4 Withholding. All Deferrals, and benefit payments provided for hereunder, shall be subject to applicable withholding and other deductions as shall be
required of the Company under any applicable local, state, or federal law as such laws are interpreted by the Company.
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