Dell 2001 Annual Report Download - page 69

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to Article VIII) irrespective of whether such Participant or
beneficiary elects or consents to such distribution, and (v)
provide that such Participant's outstanding loan balance
(including interest), if not paid in accordance with the
repayment provisions of the loan, shall be treated as a deemed
distribution upon the end of the "cure period" permitted by
applicable Treasury Regulations and repaid by offsetting such
balance against the amount in the Participant's segregated
loan fund pledged as security for the loan. With respect to
the correction of a loan pursuant to the "cure period"
provisions of Treas. Reg. Section 1.72(p)-1, Q&A-10, the
Employer may adopt a nondiscriminatory policy which permits
Participants who have failed to make one or more loan payments
to make addition payments to the Plan's Trust prior to the end
of the applicable "cure period" in the amount necessary to
permit such Participant's loan not to be treated as a deemed
distribution."
IN WITNESS WHEREOF, the Company has caused this Amendment to be
executed this 11thday of December, 2001, to be effective as of the day and year
first written above.
DELL COMPUTER CORPORATION
By: /s/ Kathleen Angel
---------------------------------
Its: Director of Global Benefits
---------------------------------
ATTEST:
Janet B. Wright
---------------------------------
Its: Corporate Counsel
-----------------------------
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