SanDisk 2004 Annual Report Download - page 94

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2. The Lessee shall submit to the Lessors the following documents by respective Scheduled Delivery Date:
(1) Certificate of insurance for the insurance of the relevant Unit Component stipulated in Article 19.
(2) The original copy of the Letter of Consent for the relevant Unit Component affixed the date of confirmation by the public
notary.
(3) Copy of any other documents reasonably required by the Lessors.
Article 7. Payment of Lease Fees
1. The Lessee and the Lessors agree that any monetary credit of the Lessors payable by the Lessee relating to the Lease Fees,
Liquidated Damages, Return Adjustment, Purchase Option Exercise Price and other payments shall consist of SD Tranche 1, SD
Tranche 2, Toshiba Tranche 1 and Toshiba Tranche 2. Each of the Tranches in each Individual Transaction shall form the portion
of the monetary credit divided in accordance with the ratio described in the Certificate of Lease relating to each Individual
Transaction. The actual amount of each Tranche for the Lease Fees, Liquidated Damages, Return Adjustment, and Purchase
Option Exercise Price in each Individual Transaction shall be in accordance with the descriptions in Sections 3, 6, 7 and 9 of
Attachment 1 and the Certificate of Lease relating to the relevant Individual Transaction.
In this respect, (i) the credits on the Lease Fees, Liquidated Damages, Return Adjustment and Purchase Option Exercise Price
relating to SD Tranche 1 and SD Tranche 2 shall belong only to SD Lessor and any money relating such credits shall be paid only
to SD Lessor, and (ii) the credits on the Lease Fees, Liquidated Damages, Return Adjustment and Purchase Option Exercise Price
relating to Toshiba Tranche 1 and Toshiba Tranche 2 shall belong only to Toshiba Lessors (IBJ Leasing Co., Ltd. and Sumisho
Lease Co., Ltd. shall own the partial credit in accordance with the sharing ratio for the Property) and any money relating such
credits shall be paid only to Toshiba Lessors.
2. For each Individual Transaction, the Lessee shall pay the Lease Fee for the Lease Fees Calculation Period ending on the Lease
Fees Payment Date by 11:00 a.m. of each Lease Fees Payment Date.
3. In the event the date the Lessee shall pay the amount payable in connection with each Individual Transaction hereunder is not the
Bank Business Day, the Lessee shall pay the Lease Fees, Liquidated Damages, Return Adjustment, Purchase Option Exercise Price
on the immediately following Bank Business Day (in the event the immediately following Bank Business Day is not in the same
month, the immediately preceding Bank Business Day) with the relevant adjustment of the payment amount, and any other amount
shall be payable on the immediately following Bank Business Day without the adjustment of the payment mount.
4. The amount payable by the Lessee under this Agreement shall be paid by the method stipulated in Section 10(2) of Attachment 1
unless otherwise agreed by the parties; provided however, that the Lease Fees, Liquidated Damages, Purchase Option Exercise
Price and Return Adjustment relating to each Tranche hereunder shall be paid to the Borrower in accordance with Section 10(1) of
Attachment 1. The Lessee hereby acknowledges that the Lessors have entrusted the Lender and the Lender accepted to receive the
payment of such amount at the bank account of the Lender. In the event the Lessors cancels such entrustment by its prior written
notice to the Lender, the Lessors shall so inform to the Lessee no later than one Bank Business Day before the first Lease Fees
Payment Date
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