Notice of Early Termination Option Exercise under Participation Agreement and Lease – ADC Telecommunications, Inc. and Lease Plan North America, Inc.
ADC Telecommunications, Inc. notifies Lease Plan North America, Inc. and related parties that it is exercising its right to purchase the leased premises early, as allowed under the Participation Agreement and Lease dated October 22, 1999. The purchase will occur on July 17, 2003, following the required notice period. This action is in accordance with the terms set out in the agreements between the parties.
Exhibit 10-f
May 30, 2003
By Facsimile Transmission (fax #312 ###-###-####)
and Overnight Courier
Lease Plan North America, Inc.
c/o ABN AMRO Bank N.V.
135 South LaSalle Street, Suite 740
Chicago, Illinois 60603
Attn: Anastasia Lambos
Assistant Vice President
Leasing and Asset Finance
Re: Participation Agreement dated October 22, 1999, as amended (the Participation Agreement), among Lease Plan North America, Inc., as agent for the Participants (the Agent Lessor), the Participants, ADC Telecommunications, Inc. (the Lessee), and ABN Amro Bank N.V., as Administrative Agent for the Participants (the Administrative Agent), and the Lease dated October 22, 1999, as amended (the Lease) between the Agent Lessor and the Lessor.
Dear Ms. Lambos:
Section 18.1 of the Lease provides that on any Payment Date, the Lessee may at its option purchase the Premises (the Early Termination Option) at a price equal to the Purchase Amount, by providing the Agent Lessor not less than thirty (30) days prior written notice of such election to exercise, which election shall be irrevocable when made.
The Lessee hereby notifies you that it elects the Early Termination Option and repurchase the Premises on the Payment Date occurring on July 17, 2003.
Capitalized terms used in this notice and not defined have the meanings given them in the Participation Agreement.
| ADC TELECOMMUNICATIONS, INC. | |||
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| By: | /s/ Gokul Hemmady |
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| Title: | Vice President, Treasurer & Controller |
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