AMD 1994 Annual Report Download - page 105

elapsed (including such Installment Date) in the Quarterly Period that
includes such Installment Date, divided by (2) 360.
As used herein, "LIBO Reserve Percentage" means the maximum reserve
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percentage applicable to Lessor for such Quarterly Period (or if more than
one such percentage is applicable during such period, the daily average of
such percentages for those days in such period during which each such
percentage is applicable) under applicable law, including, without
limitation, regulations issued from time to time by the Federal Reserve
Board, for determining the maximum reserve requirement (including, without
limitation, any emergency, supplemental or other marginal reserve
requirement) with respect to liabilities or assets consisting of or
including (x) eurocurrency liabilities in the amount of the above
referenced portion of the Balance Due and having a maturity substantially
the same as such Quarterly Period and (y) any other category of liabilities
which includes deposits by reference to which the LIBO Rate is to be
determined. Lessor shall submit a certificate to Lessee which shall set
forth in reasonable detail the basis for, calculation of and the amount of
LIBO Rent, which certificate shall be conclusive and binding for all
purposes, absent manifest error.
(l) The definition of Operative Agreements is hereby deleted and replaced
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with the following:
Operative Agreements: (i) this Lease, (ii) the Land Lease, (iii) the
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Guaranty, (iv) that certain Purchase and Sale Agreement, dated as of April
15, 1992, between American Telephone and Telegraph Company, as seller, and
Guarantor, as buyer, as amended by that certain First Amendment to Purchase
and Sale Agreement dated as of August 10, 1992, and as further amended by
that certain Second Amendment to Purchase and Sale Agreement dated as of
September 17, 1992, (v) that certain Restated Hazardous Materials
Undertaking and Unsecured Indemnity, dated of even date herewith, by Lessee
and Guarantor in favor of Lessor, (vi) that certain Assignment of Purchase
and Sale Agreement dated as of September 21, 1992, made by Guarantor in
favor of Lessor, (vii) that certain agreement, dated as of September 21,
1992, between American Telephone and Telegraph Company and Lessee, (viii)
that certain Consent to Assignment of Purchase and Sale Agreement, dated as
of September 21, 1992, made by American Telephone and Telegraph Company in
favor of Lessor and Guarantor, (ix) the Consent Agreement, (x) the Letter
Agreement, and (xi) any and all other documents executed by Lessee or
Guarantor or any Affiliate of either thereof in connection with any of the
foregoing.
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995