Common use of Fremont Clause in Contracts

Fremont. (i) The Company is party to a Lease Agreement, dated as of August 26, 2002 between the Company and BNP Paribas Leasing Corporation (the “Fremont Lease”), a Pledge Agreement among BNP Paribas Leasing Corporation (“BNPPLC”), BNP Paribas (“BNPP”), as Agent, the Company and the other Participants as described therein, dated as of August 26, 2002 (the “BNP Pledge Agreement”) and certain other “Operative Documents” (as such term is defined in the Common Definitions Schedule for Agreements between BNP Paribas Leasing Corporation and the Company dated as of August 26, 2002) with respect to the facility located at 4▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the “Fremont Facility”). Parent will cause the Company to assign and transfer to Solectron USA Inc. or an Affiliate thereof (other than a Company Entity) (the “Solectron Assignee”), for nominal consideration all of its right, title and interest in and to the Fremont Lease, the Operative Documents, the “Collateral” (as defined in Section 2.1 of the Pledge Agreement), and the “Property” (as defined in the Fremont Lease), but excluding, however, any personal property interest in any assets located at the Fremont Facility which are used primarily for the Business as opposed to the operation of the “Real Property” and “Improvements” (as defined in the Fremont Lease). The Solectron Assignee will enter into a sub-lease agreement with the Company whereby the Solectron Assignee will agree to sub-lease a portion of the Fremont Facility to the Company upon the principal terms set forth on Schedule 9.1(c)(i). (ii) The individuals set forth in Schedule 9.1(c)(ii) hereto are employees of the Company Entities as of the date hereof.