InfraComputeThe capital behind compute.
Menu

Tools  /  Contract library  /  Default and repossession of leased chips

Contract library · Compute equipment leases

Default and repossession of leased chips

When can a chip lessor repossess, switch off or sell the equipment?

Remedies come in two tiers. On any event of default, Broadcom can only ask for monthly calls with Anthropic’s management and monthly financial statements. Full remedies need a full remedies trigger event: a fundamental event of default, or another default left uncured for a further (redacted) period. Then Broadcom can terminate, take possession of the pods or render them unusable without a court order, require them to be returned, sell or re-lease them, or declare the stipulated loss value due as liquidated damages. Until then the lessee’s quiet enjoyment is protected. Where the trigger is specific to one pod, remedies are limited to that pod. Dell Financial’s framework agreement is blunter: one tier of default, including a change of ownership that in the funder’s opinion affects credit risk, and on termination all remaining payments fall due.

Randeep Bubbra | Lawyer | Making the next generation of infrastructure financeable · Firm profile ·

What the filed contracts say

ContractWhat the filed wording says
Broadcom TPU lease to AnthropicOn an ordinary event of default the lessor gets management calls and monthly financial statements only.
Broadcom TPU lease to AnthropicFull remedies need a fundamental default, or another default uncured for a further period.
Broadcom TPU lease to AnthropicThe lessor may take possession of the pods, or render them unusable, without a court order.
Broadcom TPU lease to AnthropicThe lessor may declare the stipulated loss value due as liquidated damages, with title passing on payment.
Broadcom TPU lease to AnthropicWhere the trigger is specific to one pod, remedies apply to that pod only.
Broadcom TPU lease to AnthropicQuiet enjoyment holds until a fundamental default or full remedies trigger.
Dell Financial–Nscale framework agreementDell Financial: non-payment for 30 days, a material misrepresentation, or an uncured material breach after 30 days is a default.
Dell Financial–Nscale framework agreementDell Financial: so is a change of ownership that, in the funder’s opinion, affects the customer’s credit risk.
Dell Financial–Nscale framework agreementDell Financial: on termination the customer returns the servers and pays all remaining payments plus, for servers not returned, the present value of their expected end value.

The filed wording

“Full Remedies Trigger Event” means the occurrence of (i) a Fundamental Event of Default or (ii) an Other Event of Default and, solely in the case of this clause (ii), to the extent capable of being cured and Lessee is diligently pursuing such cure, such Other Event of Default shall continue unremedied [***] days beyond any other applicable grace period provided for herein or in the Guarantee

Redacted in the filed copy: [***] or [*] marks text the filer left out.

Broadcom master equipment lease of Google TPU8i pods to an Anthropic subsidiary, section 1, “Full Remedies Trigger Event” · Anthropic S-1/A, Exhibit 10.11

On the deal pages

Financings by the parties to these contracts

The latest debt raised by the companies that signed them, with the terms and the sources on each deal page.

FinancingBorrower or issuerDateAmount
Pre-IPO convertible loan-note subscription (initial minimum)Nscale15 September 2026US$2.1bn
Dell short-term equipment lease payment schedules (aggregate)Nscale4 September 2026US$2.54bn
North Carolina GPU DDTLNscale31 August 2026US$1.2bn
Ward County GPU DDTLNscale31 August 2026US$1.85bn
Macquarie Iceland GPU facilityNscale29 July 2026US$331.9m

Follow alerts

Follow Default and repossession of leased chips

New filed wording for this clause from customer contracts, leases, colocation, power contracts and backstops. One email when something changes, nothing otherwise. Confirm by email; stop with one click.

Method

Each extract is quoted from the contract as filed with the SEC, checked against the filed text when it was added; “…” marks words left out. Filers redact commercial terms, so a [***] or [*] is the filer's, not ours. The summaries describe the wording, not how a court would read it, and each contract's defined terms and other clauses can change the effect. General information drawn from public filings. It is not legal advice on any transaction, and using this page does not create a lawyer-client relationship. Views are personal.

Randeep Bubbra

InfraCompute Weekly

The week in compute finance, read from the filings.

Deals, terms and the clauses behind them, for the people financing data centres, GPU clouds and the power behind them. By Randeep Bubbra.

Want to run your own deal through these tools? Book 20 minutes with Randeep.

Fridays, one email. Work email only. Unsubscribe any time. Privacy.