AMD 1994 Annual Report Download - page 121

respect to which such six (6) month LIBO Rate applies), and (B) an amount
equal to what the portion of the Basic Rent for such two Quarterly Periods
(prorated for the number of days in the period beginning on the date on
which such purchase occurs and ending on the second Installment Date
occurring in such six (6) month period with respect to which such six (6)
month LIBO Rate applies) would have been had the Basic Rent for such two
(2) Quarterly Periods been calculated using the three (3) month LIBO Rate
in effect on the date of such purchase. If Lessee's payment of the Balance
Due occurs when a three (3) month LIBO Rate is in effect on other than the
last day of a Quarterly Period, the Breakage Amount shall be an amount
equal to the present value of the difference between (A) the portion of the
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Basic Rent payment for such Quarterly Period in which such purchase occurs
(prorated for the number of days during the period beginning on the date of
such purchase and ending on Installment Date at the end of such Quarterly
Period) and (B) an amount equal to what the portion of the Basic Rent
payment for such Quarterly Period (prorated for the number of days in the
period beginning on the date of such purchase and ending on the Installment
Date at the end of such Quarterly period) would have been had the Basic
Rent for such Quarterly Period been calculated using a three (3) month LIBO
Rate in effect on the date of such purchase. In either case, such
difference shall be discounted at a rate of 5% per annum. If any statute or
rule of law shall validly limit the amount due under this Section 41.4 to
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less than the amount above agreed upon, Lessor or Assignee shall be
entitled to the maximum amount allowable under such statute or rule of law.
30. Purchase Procedure. In Section 41.5, (a) the phrase "purchase price
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therefor" in the first paragraph is hereby deleted and replaced with "Balance
Due (and all other amounts due and owing hereunder)"; (b) the second grammatical
paragraph, the first sentence shall begin as follows: "If Lessee shall purchase
Lessor's interest in the Leased Property pursuant to Section 41.1(b) or if
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Lessee's obligation to pay the Balance Due and purchase the Leased Property is
accelerated pursuant to Section 41.3, Lessee shall deliver the Balance Due to
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Lessor together with ..."; and (c) the following is hereby inserted at the end
of the parenthetical in the penultimate sentence in such second grammatical
paragraph: "and pay to Lessor the Balance Due along with all other amounts due
and owing hereunder".
31. Option to Remarket. The second grammatical paragraph of Section 41.6
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is hereby deleted and replaced with the following:
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995