AMD 1994 Annual Report Download - page 133

upwards, if necessary, to the next 1/16 of 1%) at which deposits (in an
amount equal to the Balance Due as of the first day of any Quarterly
Period) in United States dollars in immediately available funds are offered
or are available to Lessor's LIBOR Office in the eurodollar interbank
market at 10:00 a.m. (Pacific Standard Time) two Business Days before the
first day of such Quarterly Period for a three (3) month period; provided,
however, that if Lessee shall notify Lessor not less than four (4) Business
Days prior to the first day of any Quarterly Period (except the second
Quarterly Period in which a six (6) month LIBO Rate is already in effect)
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 (as that term is defined in the Building Lease),
and (ii) the earliest date on which the Funded Amount equals the Maximum
Advance Amount (as that term is defined in the Building Lease). 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 $30,124.92; and
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995