Dell 2008 Annual Report Download - page 158

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4.2 Designation of Investment Funds.
(a) Each Member, upon becoming a Member of the Plan, shall designate, in accordance with the procedures established from time to time by the
Committee, the manner in which the amounts credited to his Account shall be deemed to be invested from among the Investment Funds. Such
Member must designate, in such minimum percentages as may be prescribed by the Committee, that portion of his Account which the Member
deems invested in the Investment Fund. The designation will continue until changed by the timely submission of a new designation, which
change will be effective as soon as administratively feasible. The Committee shall forward the investment designation to the Trustee, who shall
invest each member's Account in accordance with such designation. If a Member fails to make a proper designation, then his Account shall be
deemed to be invested in the Investment Fund or Investment Funds designated by the Committee, in its sole and absolute discretion from time to
time pursuant to the provisions of the Trust.
(b) A Member may change his hypothetical investment designation as of any Valuation Date for future amounts to be credited to the portion of his
Account by the timely submission of a new designation. Any such change shall be made in accordance with the procedures established by the
Committee, and will be effective as soon as administratively feasible.
(c) In no event may a Member designate the investment of his Account in stock or other securities of the Company.
ARTICLE V.
VESTED INTEREST
5.1 Vesting of Compensation Deferrals Account. A Member shall have a 100% vested interest in his Account at all times.
ARTICLE VI.
UNFORESEEABLE FINANCIAL EMERGENCY
6.1 Rules Governing Grandfathered Benefits. Consistent with the Plan's prior terms and operation, in the event that the Committee, upon request of the
Member, determines in its sole discretion that the Member has suffered an Unforeseeable Financial Emergency as such term is defined with respect to
Grandfathered Benefits, the Member shall be entitled to withdraw from the portion of his Individual Account attributable to Grandfathered Benefits an
amount not to exceed the amount required to meet the Unforeseeable Financial Emergency that is not reasonably available from other resources of the
Member. A withdrawal may be treated as necessary to satisfy an Unforeseeable Financial Emergency if the Member represents to the Committee that
the need cannot be relieved through any of the following resources: (i) through reimbursement or compensation by insurance or otherwise; (ii) by
reasonable liquidation of the Member's assets, to the extent such liquidation would not itself cause an immediate and heavy
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