AMD 2004 Annual Report Download - page 417

Lease Interest Rate Actual interest rate used for calculating the Lease Rent specified in Clause 1 of Article 7.
Break Funding Cost The amount calculated by each Lender using the calculation method determined by each Lender as the difference
between the funding cost for each Lender with respect to the loan under the Loan Agreement and the estimated
investment return based on the reinvestment rate of each Lender in the market.
2 Any reference herein to another agreement or document shall mean such agreement or document as amended, supplemented or modified, if such
agreement or document has been amended, supplemented or modified after the original execution thereof.
3 Any reference herein to any of the clauses and paragraphs shall mean the clauses and paragraphs of this Agreement unless otherwise specified.
4 Any reference herein to any party to the Related Agreements shall also include its successors and permitted assignees.
Article 2 (Structure of Transaction)
1 The Lessee and the Lessor hereby acknowledge that the transactions listed in Clause 11 of Schedule 2 are contemplated in respect of the Equipment
and they are respectively in close and integral relationship mutually.
2 The Lessee hereby acknowledges that the Lessor has the ownership of the Equipment during the Lease Term hereunder.
Article 3 (Lease)
1 On each Delivery Date, the Lessor shall simultaneously accept the delivery of each Unit constituting the Equipment from the Lessee under the Purchase
Agreement and lease such Unit to the Lessee as provided herein, and the Lessee shall lease from the Lessor such Unit.
2 In each Individual Transaction, the lease of the Equipment and each Unit hereunder shall remain effective during each Lease Term commencing on the day
on which each certificate of lease is delivered pursuant to Clause 5 of Article 4. Unless otherwise expressly provided herein, the lease of the Equipment
may not be cancelled or terminated prior to each Lease Term Expiration Date.
3 The Lessee shall pay the Lease Rent as consideration for the lease hereunder pursuant to Clause 1 of Article 7.
4 The Lessor hereby acknowledges that the Lessor has completed its corporate internal authorization procedure with respect to conducting the lease
hereunder.
5 By the lease under this Agreement, the Lessee shall be entitled to the right to quiet enjoyment of the Equipment pursuant to Article 11.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005