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Contract library · Compute equipment leases

Buying out leased chips to cure a default

Can the lessee stop a repossession by buying the chips, and at what price?

If an event of default is continuing, the lessee can cure it by buying all of the leased equipment for the stipulated loss value plus any other amounts owed, including taxes and insurance costs. It must give an irrevocable notice within a (redacted) period of the lessor’s default notice and pay in cash shortly after; title passes only on payment, and Broadcom can keep enforcing until then. If the default concerns one pod, the buy-out can be for that pod alone. The stipulated loss value is the unpaid pod price, accrued interest and future interest and fees to the end of the term.

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What the filed contracts say

ContractWhat the filed wording says
Broadcom TPU lease to AnthropicThe lessee may cure a default by buying all the equipment for the stipulated loss value plus other amounts owed.
Broadcom TPU lease to AnthropicIt must give an irrevocable notice to purchase and then pay in full in cash.
Broadcom TPU lease to AnthropicTitle transfers only on payment, and the lessor can keep enforcing until then.
Broadcom TPU lease to AnthropicStipulated loss value is the unpaid pod price plus accrued and future interest and fees.

The filed wording

(a) If an Event of Default occurs and is continuing, Lessee may cure such Event of Default by purchasing all and not less than all of the Equipment subject to all existing Schedules for a purchase price equal to the sum (such value, the “EoD Purchase Price”) of (x) the Stipulated Loss Value for all such Equipment and (y) any additional amounts outstanding, unpaid and payable by Lessee to Lessor in connection with the Lease of such Equipment to the extent such additional amounts are not already included in the calculation of the Stipulated Loss Value, such additional amounts to include without limitation any Taxes, insurance premiums and deductibles, similar amounts and amounts due pursuant to the terms set forth on Annex 1; provided that, (i) Lessee shall have delivered to Lessor, on or before [***] days from the date on which Lessor has delivered a notice of default pursuant to Section 14.02(b)(i) or, in the case of an Event of Default under Section 14.01(g), from the initial occurrence of such Event of Default (or, with respect to an Event of Default that is an Other Event of Default, [***] days from the date such Other Event of Default triggers a Full Remedies Trigger Event and Lessor has delivered a notice of default pursuant to Section 14.02(b)(i)), an irrevocable written notice of Lessee’s election to exercise such purchase option (a “Notice to Purchase”), and (ii) Lessee shall have delivered to Lessor on or before the date that is [***] days following delivery of such Notice to Purchase payment in full in cash of the EoD Purchase Price; provided further that title of any such Equipment that is so purchased by Lessee pursuant to this clause (a) shall transfer to Lessee only upon payment by Lessee to Lessor in cash of the EoD Purchase Price; and provided further that, Lessor shall not be required to cease exercising any rights it may have hereunder prior to the time when the EoD Purchase Price has been paid in full.

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 14.03(a) · Anthropic S-1/A, Exhibit 10.11

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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.

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