Dell 2008 Annual Report Download - page 155
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(as defined in Code Section 152), or necessary to obtain such medical care, (ii) purchase of a principal residence for the Member, but
excluding mortgage payments, (iii) Payment of tuition, related educational fees, and room and board expenses for the next twelve
(12) months of post-secondary education for the Member, the Member's spouse, the Member's children, or the Member's dependents; or
(iv) the need to prevent the (A) eviction of the Member from his principal residence, or (B) foreclosure on the mortgage of the Member's
principal residence.
A withdrawal may be treated as necessary to satisfy a "severe financial hardship" if the Member represents to the Committee that the need
cannot be relieved through (i) reimbursement or compensation by insurance or otherwise, (ii) reasonable liquidation of the Member's
assets, to the extent such liquidation would not itself cause an immediate and heavy financial need; (iii) cessation of contributions under
this Plan; or (iv) other distributions or nontaxable (at the time of the loan) loans from plans maintained by the Company or by any other
employer, or by borrowing from commercial sources on reasonable commercial terms.
(2) With Respect to 409A Benefits: With respect to 409A Benefits, an Unforeseeable Financial Emergency is a severe financial hardship to the
Member resulting from any of the following:
(A) An illness or accident of the Member or the illness or accident of the Member's spouse or dependent (as defined in Code
Section 152(a)) without regard to Code Section 152(b)(1), (b)(2), and (d)(1)(B);
(B) Loss of the Member's property due to casualty; or
(C) Other similar extraordinary and unforeseeable circumstance arising as a result of events beyond the Member's control.
Any determination of Unforeseeable Financial Emergency under this Subsection (2) shall be made in accordance with the requirements of
Code Section 409A and any guidance issued thereunder.
(w) Valuation Dates: Each day of the Plan Year the NASDAQ is open for business.
1.2 Number and Gender. Wherever appropriate herein, words used in the singular shall be considered to include the plural, and words used in the plural
shall be considered to include the singular. The masculine gender, where appearing in the Plan, shall be deemed to include the feminine gender.
1.3 Headings. The headings of Articles and Sections herein are included solely for convenience, and if there is any conflict between such headings and the
text of the Plan, the text shall control. -6-