AMD 1994 Annual Report Download - page 104

the first day of any Quarterly Period (except the second Quarterly Period
in which a six (6) month LIBO Rate is already in effect, and except as
otherwise provided below) that Lessee desires that the LIBO Rate for such
Quarterly Period and the succeeding Quarterly Period be based on a six (6)
month period, then the LIBO Rate with respect to such two (2) Quarterly
Periods shall be an interest rate per annum (rounded upwards, if necessary,
to the next 1/16 of 1%) equal at all times during such two (2) Quarterly
Periods to the rate of interest at which deposits (in an amount equal to
the Balance Due as of the first day of the first of such two (2) Quarterly
Periods) in United States dollars in immediately available funds are
offered or are available to Lessor's LIBOR Office in the Eurobank interbank
market at 10:00 a.m. (Pacific Standard Time) two (2) Business Days before
the first day of the first of such two (2) Quarterly Periods for such six
(6) month period. Lessee may not elect a six (6) month LIBO Rate with
respect to any Quarterly Period expiring during the period beginning on the
date hereof and ending on the first Installment Date after the earlier of
(i) the Funding Termination Date, and (ii) the earliest date on which the
Funded Amount equals the Maximum Advance Amount. If Lessor is unable to
determine the LIBO Rate at any time, or Lessor shall determine that the
introduction of any change in or in the interpretation of any law makes it
unlawful, or any central bank or other governmental authority asserts that
it is unlawful for Lessor to calculate rent based on the LIBO Rate, then
the LIBO Rate for the applicable Quarterly Period shall be the Corporate
Base Rate.
(k) The definition of LIBO Rent is hereby deleted and replaced with the
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following:
LIBO Rent: as of an Installment Date means:
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(a) with respect to the period beginning December 2, 1993 and ending
December 21, 1993 (such period being a portion of the Quarterly Period
beginning on September 22, 1993 and ending on December 21, 1993), an amount
equal to $33,373.34; and
(b) with respect to each Quarterly Period commencing after the date
hereof, the quotient of (1) the product of (i) the Balance Due as of the
beginning of the Quarterly Period in which such Installment Date falls
(such Balance Due shall include the amount of any Advance made on the first
day of such Quarterly Period), multiplied by (ii) the sum of 1% plus the
rate obtained by dividing the LIBO Rate by a percentage equal to 100% minus
the LIBO Reserve Percentage, multiplied by (iii) the number of actual days
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995