AMD 2004 Annual Report Download - page 455

3 The delivery of each Unit pursuant to the immediately preceding clause shall be completed by the preparation and delivery to
the Lessor by the Lessee of the certificate of conveyance in the form of Schedule 3 in exchange for the payment of the
Purchase Price pursuant to Article 3 and the preparation and the delivery to the Lessee by the Lessor of the certificate of
acceptance in the form of Schedule 4.
4 The Ownership of the Equipment shall transfer from the Lessee to the Lessor upon delivery of the certificate of conveyance
pursuant to Clause 3 of Article 4.
5 In each Individual Transaction, each Unit shall satisfy the following conditions at the time of the delivery of such Unit from the
Lessee to the Lessor pursuant to this Article 4; provided, however, in the event the Lessor waives the satisfaction of all or a part
of these conditions in writing, such conditions shall not be the conditions of delivery of the Equipment under this Article 4, in
which case, the Lessee shall not be exempted from the obligation to satisfy such conditions as soon as possible after the
delivery.
(1) The Lessee has obtained the complete ownership of the relevant Unit from the Manufacturer.
(2) Except for those approved by the Lessor in writing, there are no Encumbrances, Etc. for the third party.
(3) All works to ensure the Performance, Etc. required by the Lessee in respect of the relevant Unit as the subject of the Lease Agreement have been
completed and the Lessee, after the inspection thereof by itself, has confirmed that the Equipment is appropriate for the Lessee’s use.
(4) There are no events that constitute the Event of Total Loss or that the Lessor reasonably determines the expected occurrence of Event of Total
Loss with respect to the relevant Unit.
6 The Lessee shall, upon the reasonable request from the Lessor, grant to the Lessor the reasonable opportunity so that the Lessor
or the person appointed by the Lessor may, prior to the delivery of the relevant Unit and at the Delivery Location, inspect the
relevant Unit to confirm that the relevant Unit satisfy the conditions of Clause 5 of Article 4.
7 The Lessor’s obligation to purchase the Equipment pursuant to this Agreement shall be subject to the satisfaction of all of the
following conditions as of each Expected Delivery Date, unless the Lessor waives the satisfaction of these conditions prior to
the completion of the delivery:
(1) The relevant Unit satisfies the conditions of Clause 5 of Article 4.
(2) The Lessor has received the documents set forth in Article 5.
(3) The conditions as set forth in Article 5 of the Lease Agreement (excluding the condition regarding the completion of the purchase under this
Agreement) have been satisfied.
Article 5 (Related Documents)
The Lessee shall submit to the Lessor the documents reasonably required by the Lessor at the time of each delivery of the
Equipment
4
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005