Common use of SFAS 13 Clause in Contracts

SFAS 13. The present value of the aggregate Periodic Lease Rent payable during the Fixed Lease Term under the Facility Lease (taking into account any rent adjustment through or contemplated on the Closing Date), together with all rent payable under the Site Lease and Sublease and all Transaction Costs financed through the Facility Lease, discounted at the Discount Rate, shall satisfy the 90 percent test for off-balance sheet treatment under SFAS 13.

SFAS 13. The present value of the aggregate scheduled Periodic Lease Rent payable under each Lease payable during the Fixed Lease Term under the Facility Lease (taking into account any rent adjustment through or contemplated on the Closing Date), ) together with all rent payable under the related Facility Site Lease and Sublease and all Transaction Costs financed through the Facility LeaseSublease, discounted at the Discount Rate, shall satisfy the 90 percent 90% test for off-balance sheet operating lease treatment under SFAS 1313 and SEMA shall have been advised by its auditor that the Facility Lease qualifies for such operating lease treatment.

SFAS 13. The As to the Facility Lessee, the present value of the aggregate Periodic Lease Rent payable during the Fixed Lease Term under the Facility Lease (taking into account any rent adjustment through or contemplated on the Closing Date), together with all rent payable under the Site Lease and Sublease and all Transaction Costs not financed through the Facility Lease, Lease discounted at the Discount Rate, shall satisfy the 90 percent test for off-balance sheet operating lease treatment under SFAS 13.

SFAS 13. The As to the Company, the present value of the aggregate ------- Periodic Lease Rent payable during the Fixed Basic Lease Term under the Facility Lease (taking into account any rent adjustment through or contemplated on the Closing Date), together with all rent payable under the Site Lease and Sublease Sublease, and all Transaction Costs not financed through the Facility Lease, discounted at the Discount Rate, shall satisfy the 90 percent test for off-balance sheet treatment under SFAS 1313 and the Company shall have been advised by its auditor that the Facility Lease qualifies for such off-balance sheet treatment.