September 2, 2009 Dell Inc. One Dell Way Round Rock, Texas 78682 Perot Systems Corporation 2300 West Plano Parkway Plano, Texas 75075 RE: Non-Disclosure Agreement Ladies and Gentlemen:Perot Systems Corp • October 2nd, 2009 • Services-computer processing & data preparation • Delaware
Company FiledOctober 2nd, 2009 Industry JurisdictionTo facilitate discussions relating to a possible acquisition (the “Proposed Transaction”) of Perot Systems Corporation, a Delaware corporation (“Company”), by Dell Inc., a Delaware corporation (“Dell”), each company expects to make available to the other certain non-public information concerning their respective businesses, financial condition, operations, assets and liabilities. Each of Company and Dell agree that any Evaluation Information (as defined below) furnished by the other company shall be governed by the terms and conditions of this Letter Agreement (the “Agreement”). The party receiving such Evaluation Information shall be deemed to be the “Receiving Company” and the party furnishing such Evaluation Information shall be deemed to be the “Disclosing Company” for the purposes of this Agreement. As used in this Agreement, “Representatives” of any party shall mean the subsidiaries and affiliates (as such term is used in Rule 12b-2 under the Securities Exchange Act of 1934, as a
September 2, 2009 Dell Inc. One Dell Way Round Rock, Texas 78682 Perot Systems Corporation 2300 West Plano Parkway Plano, Texas 75075 RE: Non-Disclosure Agreement Ladies and Gentlemen:Dell Inc • October 2nd, 2009 • Electronic computers • Delaware
Company FiledOctober 2nd, 2009 Industry JurisdictionTo facilitate discussions relating to a possible acquisition (the “Proposed Transaction”) of Perot Systems Corporation, a Delaware corporation (“Company”), by Dell Inc., a Delaware corporation (“Dell”), each company expects to make available to the other certain non-public information concerning their respective businesses, financial condition, operations, assets and liabilities. Each of Company and Dell agree that any Evaluation Information (as defined below) furnished by the other company shall be governed by the terms and conditions of this Letter Agreement (the “Agreement”). The party receiving such Evaluation Information shall be deemed to be the “Receiving Company” and the party furnishing such Evaluation Information shall be deemed to be the “Disclosing Company” for the purposes of this Agreement. As used in this Agreement, “Representatives” of any party shall mean the subsidiaries and affiliates (as such term is used in Rule 12b-2 under the Securities Exchange Act of 1934, as a