AMD 1994 Annual Report Download - page 131

any claims, (y) "Qualified Payments" shall not include any payment to
Lessor by Lender or a participant or Affiliate of or lender to Lessor that
is made to compensate Lessor for Lender's or such the participant's or
Affiliate's share of any costs, expenses, liabilities or losses which
Lessor may incur as a result of any of the events described in the
preceding Clauses (1) through (4) and (z) "Qualified Payments" shall not
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include any payments received by Lessor that Lessor has paid to Lessee or
any other person for the restoration or repair of the Land or the Building
or that Lessor is holding as escrowed proceeds pursuant to Section 47. For
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purposes of computing the total Qualified Payments paid to or received by
Lessor as of any date, payments described in the preceding Clauses (1)
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through (4) will be considered as escrowed proceeds pursuant to Section 47,
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not Qualified Payments, until they are actually applied as Qualified
Payments by Lessor, which will generally not occur until the first
Installment Date which is at least three (3) Business Days after Lessor's
receipt of the same; and provided further, that all insurance proceeds in
connection with any damage to the Land or the Building as provided for in
Section 19 hereof (or in Section 19 of the Building Lease) or condemnation
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proceeds relating to a Taking as provided in Section 20 hereof (or in
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Section 20 of the Building Lease) shall remain escrowed proceeds pursuant
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to Section 47 hereof or in the Building Lease, as the case may be and shall
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not be payable to Lessee nor reduce the Balance Due until and except as
specifically provided for in Sections 19 and 20. All Qualified Payments
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received by Lessor in connection with either the Land or the Building shall
be first applied to reduce the "Balance Due" (as defined in the Building
Lease) under and pursuant to the Building Lease; and Qualified Payments
received by Lessor which are in excess of the "Balance Due" (as defined in
the Building Lease) under the Building Lease shall be applied to the
Balance Due hereunder.
Renovations: the meaning specified in the Building Lease.
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Trustee: the meaning specified in Section 25.
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(b) The definition of Building Lease is hereby deleted and replaced with
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the following:
Building Lease: means that certain Building Lease entered into between
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Lessor and Lessee on September 22, 1992 and recorded September 22, 1992 in
the Official Records of the Recorder of Santa Clara County, California as
Document No. 11550954, as amended by that certain First Amendment to
Building Lease dated as of December 22, 1992 and recorded
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995