SanDisk 2004 Annual Report Download - page 90

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Letter of Consent: The letter of consent by Toshiba and the Lessee in the designated form concerning
the assignment of claim under the Agreement for Assignment of Claim for Security
and the establishment of the right to complete the assignment of property under the
Agreement for Assignment of Property for Security.
Purchase Agreement: The Basic Purchase Agreement executed on the even date with this Agreement
between the Lessee and the Lessors concerning the Property, and each individual
agreement based thereon.
Property: With respect to each Individual Transaction, each Unit Component (including the
Parts) that is identified and notified to the Lessors by the Lessee pursuant to
Article 4, Paragraph 1, of the Purchase Agreement, and confirmed by the Certificate
of Assignment, Certificate of Receipt and the Certificate of Lease; provided,
however, that in the event any part of the Unit Component is excluded from this
Agreement due to the Total Loss Event or exercise of a purchase option, the
remaining part of the Unit Component shall constitute the Property.
Preliminary Property
Mortgage
Agreements (honken bukken
joto tanpo yoyaku keiyaku):
The collective term for the Basic Agreement for Assignment of Property for
Security of the Lessor’s Claim (kihon lessor bukken joto tanpo yoyaku keiyakusho)
executed on the even date with this Agreement between Toshiba Lessors and SD
Lessor concerning the portion of the Property jointly owned by the Toshiba Lessors
and each individual agreements based thereon (the “Agreement for Assignment of
Property for Security of the Lessor’s Claim”), and the Basic Agreement for
Assignment of Property for Security of the Lender’s Claim (kihon lender bukken
joto tanpo yoyaku keiyakusho) executed on the even date with this Agreement
between the Lessors and the Lender concerning the Property and each individual
agreement based thereon (the “Agreement for Assignment of Property for Security
of the Lender’s Claim ”).
Parts: Equipment and parts forming the Unit Component, and equipment, accessories,
attachments, and parts installed or attached from time to time to the Property
(including single item and a group of similar items).
Guaranty Agreements: The collective term for the Guaranty Agreement executed on the even date with this
Agreement between Toshiba Corporation as the Guarantor and Toshiba Lessors
(“Toshiba Guaranty Agreement”), and the Guaranty Agreement executed on the
even date with this Agreement between SanDisk Corporation as the Guarantor and
SD Lessor (“SD Guaranty Agreement”).
Guarantors: Collective term for the persons described in Section 13 of Attachment 1.
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