AMD 1994 Annual Report Download - page 141

purchase of Lessor's interest in the Land 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 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 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 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 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.
28. Purchase Procedure. In Section 41.5, (a) the phrase "purchase price
------------------ ------------
therefor" in the first paragraph is hereby deleted and replaced with "Balance
Due (and all other amounts due
-14-
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995