Dell 2008 Annual Report Download - page 117
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(j) Committee: The administrative committee appointed by the Leadership Development and Compensation Committee of the Board of Directors of
the Company to administer the Plan.
(k) Company: Dell Inc., a corporation organized and existing under the laws of the State of Delaware, or its successor or successors.
(l) Company Credits: The amount, if any, credited to a Participant's Company Credits Account pursuant to Section 3.2.
(m) Company Credits Account: Included within a hypothetical account for each Participant which is credited with his Company Credits, pursuant to
Section 3.2, and is credited with (or debited for) such account's pro rata share of allocable net income (or net loss) as provided in Section 4.3.
(n) Compensation: A Participant's Compensation for purposes of this Plan shall be Compensation as defined under Section 1.9 of the Dell Inc.
401(k) Plan, except that the limitation of Code Section 401(a)(17)(B) set forth in Section 1.9(b) of such plan shall not be applied.
(o) Compensation Deferral(s): Base Salary Deferrals and Bonus Deferrals. Notwithstanding any provision of this Plan or a Participant's deferral
election, Compensation Deferrals shall not be taken from amounts paid by an Affiliate that is not incorporated under the laws of the United
States.
(p) Compensation Deferrals Account: Included within a hypothetical account for each Participant which is credited with his Compensation
Deferral pursuant to Section 3.1, and credited with (or debited for) such account's pro rata share of allocable net income (or net loss) as provided
in Section 4.3.
(q) Directors: The Board of Directors of Dell Inc.
(r) Disability:
(1) With Respect to Grandfathered Benefits: With respect to Grandfathered Benefits, a Disability is a physical or mental condition which, as
determined in the sole discretion of the Committee, totally and presumably permanently prevents a Participant from engaging in any
substantial or gainful employment; provided, however, that an individual shall be deemed to be disabled if he is determined to be disabled
under the terms of the Dell Inc. 401(k) Plan (prior to its restatement effective January 1, 2005).
(2) With Respect to 409A Benefits: With respect to 409A Benefits, a Participant will be considered to have incurred a Disability for Plan
purposes if the Participant:
(A) Is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which
can -5-