AMD 1994 Annual Report Download - page 140

under Section 25.2(a)(i) terminating Lessee's right of possession (for
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purposes of this Section 41 such notice being referred to as a "Purchase
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Acceleration Notice"), Lessee shall be obligated to purchase Lessor's
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interest in the Land and to pay to Lessor the Balance Due along with all
amounts which have accrued and are payable hereunder on the date which is
ten (10) business days following Lessee's receipt of such Purchase
Acceleration Notice. If Lessee's obligations under this Section 41.3 take
place on a date other than an Installment Date, Basic Rent shall be
prorated to such date. Lessee acknowledges that its receipt of a Purchase
Acceleration Notice under this Section 41.3 shall also constitute a receipt
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by Lessee of a Purchase Acceleration Notice under the Building Lease. The
Lessor's right to terminate the Purchase Option pursuant to Section 41.1
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and to accelerate the purchase of the Lessor's interest in the Land are
independent of each other, and notwithstanding anything in Section 41.1 to
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the 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 Land 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
Land to another Person and upon any such subsequent sale to any other
Person by Lessor of Lessor's interest in the Land, 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 (ii) the amount of all Basic
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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) the amount of all consideration (on
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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.
27. 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
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995