AMD 1994 Annual Report Download - page 120

contrary, unless the Option Termination Date shall have first occurred, the
Purchase Option shall terminate and be of no further force or effect on the
date that any Purchase Acceleration Notice is given.
If Lessee fails to purchase Lessor's interest in the Leased Property
and pay the Balance Due along with all other amounts as provided for in the
preceding paragraph on the tenth (10th) Business Day following Lessee's
receipt of the Purchase Acceleration Notice, then, Lessor shall be free to
sell the Leased Property to another Person and upon any such subsequent
sale to any other Person by Lessor of Lessor's interest in the Leased
Property, Lessor shall be entitled to recover from Lessee, and Lessee shall
upon demand pay to Lessor, an amount equal to (i) the Balance Due, plus
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(ii) the amount of all Basic Rent, Additional Rent and other sums payable
hereunder to and including the date of such demand (including, without
limitation, Breakage Amounts and all costs and expenses incurred by Lessor
in effectuating its remedies and making such sale or sales), minus (iii)
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the amount of all consideration (on a present value basis determined by the
application of a discount factor (per annum) equal to five percent (5%) to
the extent such consideration is not cash), received by Lessor in
connection with such sale.
29. Determination of the Purchase Price. In Section 41.4, (a) such
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Section shall hereafter be entitled "Breakage"; (b) the first grammatical
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paragraph is hereby deleted; (c) the remainder of said Section is hereby deleted
and replaced with the following:
In addition to all other amounts owed to Lessor hereunder, if Lessee's
payment of the Balance Due and purchase of Lessor's interest in the Leased
Property occurs on a date other than the LIBO Last Day (defined below), and
if the LIBO Rate for the three (3) month period commencing on the date on
which the Balance Due is paid is less than the LIBO Rate in effect during
the Quarterly Period in which such payment occurs, then Lessee shall pay to
Lessor on such date as an additional component of the Balance Due, the
Breakage Amount (defined below). If Lessee's payment of the Balance Due
occurs when a six (6) month LIBO Rate is in effect and on a date other than
the second Installment Date of such period, the Breakage Amount shall be an
amount equal to the present value of the difference between (A) the portion
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of the Basic Rent payments for the two (2) Quarterly Periods for which such
six (6) month LIBO Rate applies (prorated for the number of days in the
period beginning on the date of such purchase and ending on the second
Installment Date occurring in such six (6) month period with
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995