AMD 2004 Annual Report Download - page 430

5 The Lessee shall bear all costs and expenses associated with the Lessee’s exercise of the purchase option.
Article 25 (Return)
1 In respect of all or any of the Units of the Equipment, the Lessee shall have the option, exercisable by giving a notice to the Lessor and the Agent
respectively at least six (6) months prior to the Lease Term Expiration Date, to return the Units consisting of the Group A Equipment on the vehicles sent
by the Lessor on the premises of the facilities for the installation set forth in Clause 1 of Article 12 and the Units consisting of the Group B Equipment at
the location in Japan specified by the Lessor on the Lease Term Expiration Date (for the purpose of this Article, the “Return Date”) in accordance with the
provisions set forth below; provided, however, that if an Event of Total Loss occurs to all or any of the Group A Equipment, the Lessee shall not exercise
the option to return the Units consisting of the Group B Equipment; provided further that in any case the Lessee may return the Units consisting of the
Group B Equipment only if the Lessee returns all of the Units subject to this Agreement as of the Return Date. If the Return Date is not a Bank Business
Day, the Lessee shall return on the immediately following Bank Business Day without any specific notice; provided, however, that if any of the
Termination Events or the Events of Default (including those in respect of the clause regarding the return under this Article) occurs or continues on the
Return Date, the Lessee may not exercise the option to return the Equipment under this Article. In the case of return of all or any Units of the Equipment to
the Lessor, the Lessee shall deposit with the Lessor the amount equal to the Purchase Option Exercise Price specified in Clause 6 of Schedule 2 no later
than the last Lease Rent Payment Date (which the Lessor may redeposit with the Administrative Agent) and such deposit shall be returned to the Lessee at
the time of the return of the Equipment to the Lessor on the Lease Term Expiration Date; provided, however that if any of the Termination Events or the
Events of Default (including those in respect of the clause regarding the clause under this Article) occurs or continues on the Lease Term Expiration Date,
such deposit shall be disposed pursuant to Clause 5 of Article 26.
(1) If the Lessee returns all or any of the Units to the Lessor pursuant to this clause, at the time of such return, the Equipment shall be in as good
condition as when delivered under Article 4 (in the case of the alternative equipment under Clause 2 of Article 12 or Article 15, in as good condition
as when delivered thereunder after the supply thereof from Manufacturer to the Lessee) except for ordinary wear and tear and alterations, etc. made
pursuant to Clause 2 of Article 12, Clause 4 or 5 of Article 14, or Article 15, and be capable of being used in an ordinary manner, and satisfy all the
requirements of the return condition at the Lessor’s determination in respect of the Equipment specified in Schedule 7 unless the Lessor previously
waives the requirement to such conditions in writing.
(2) On and after the day on which the Lessee gives notice of return to the Lessor and the Agent under this Article, the Lessee shall promptly provide to
the Lessor on demand the warranty certificate, specification and manual of the relevant Unit prepared by the Manufacturer, the suppliers of the
Components or the maintenance service providers
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005