Asus 2009 Annual Report Download - page 132
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128
ASUSTEK COMPUTER INC.
Notes to Financial Statements
C. In September 2008, a US patentee filed a lawsuit against the Company’ s US subsidiary alleging
that the subsidiary was engaged in patent infringement. This lawsuit is currently under
investigation in an East Texas court in the US and its outcome is not certain. The Company
continuously evaluates the possible loss, and a provision has been estimated and recognized in
the books.
D. Several patentees filed lawsuits or investigations for patent infringement against the Company.
These lawsuits or investigations are currently under investigation in a Delaware court, in an
East Texas court, and by the United States International Trade Commission. The outcome of
the lawsuits is not certain. The Company continuously evaluates the possible loss, and a
provision has been estimated and recognized in the books.
(3) To ensure the supply of raw materials, the Company has entered into an agreement with a supplier
for a guaranteed quantity of materials at a discount to market price. The Company prepaid
$3,217,000, recorded as other assets – others.
(4) The Company entered into operating lease contracts for its offices and parking spaces. Future lease
payments under those leases are as follows:
Year Amount
2010 $ 82,333
2011 74,202
2012 72,480
2013 20,558
8. Significant Disaster Loss: None.
9. Subsequent Events
The Company held its extraordinary shareholders’ meeting on February 9, 2010, and passed a
resolution for the spin-off of its ODM business. Such resolution requires the Company to spin off the
ODM assets and business (the Company's 100%-owned long-term equity investment in Pegatron) to
the Company's wholly owned existing subsidiary Pegatron International Investment Co., Ltd. Pegatron
International Investment Co., Ltd. will issue new shares to the Company and the shareholders of the
Company as consideration. The Company will have a capital reduction of $36,097,609 or a capital
reduction of approximately 85%. It is expected that the Company will acquire approximately 25% of
the equity in Pegatron International Investment Co., Ltd. and that the shareholders of the Company
will in total acquire approximately 75% of the equity in Pegatron International Investment Co., Ltd.
The spin-off date is expected to be June 1, 2010.