Annual report pursuant to Section 13 and 15(d)

Commitments and Guarantees

v2.4.0.8
Commitments and Guarantees
12 Months Ended
Dec. 28, 2013
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Guarantees
Commitments and Guarantees
Operating Leases
As of December 28, 2013, the Company's future non-cancelable operating lease commitments, including those for facilities vacated in connection with restructuring activities, were as follows:
Year
Operating
leases
 
(In millions)
2014
$
59

2015
51

2016
43

2017
40

2018
39

2019 and thereafter
156

 Total non-cancelable operating lease commitments
$
388


The Company leases certain of its facilities and in some jurisdictions the Company leases the land on which these facilities are built, under non-cancelable lease agreements that expire at various dates through 2025. The Company also leases certain manufacturing and office equipment for terms ranging from 1 to 5 years. Rent expense was approximately $64 million, $49 million and $48 million in 2013, 2012 and 2011.
In December 1998, the Company arranged for the sale of its marketing, general and administrative facility in Sunnyvale, California and leased it back for a period of 20 years. The Company recorded a deferred gain of $37 million on the sale and is amortizing it over the life of the lease. The lease expires in December 2018. At the beginning of the fourth lease year and every three years thereafter, the rent is adjusted by 200% of the cumulative increase in the consumer price index over the prior three-year period, up to a maximum of 6.9%.
In September 2013, the Company sold a light industrial building in Singapore and leased back a portion of the original space. The Company recorded a deferred gain of $14 million on the sale and is amortizing over the initial lease term. The initial lease term expires in September 2023 and provides for options to extend the lease for 4 years, at the end of the initial lease term, and for an additional 3.5 years thereafter.
Certain other operating leases contain provisions for escalating lease payments subject to changes in the consumer price index. Total future lease obligations as of December 28, 2013, were approximately $388 million.
Purchase and Other Contractual Obligations
The Company’s purchase obligations primarily include the Company’s obligations to purchase wafers and substrates from third parties. As of December 28, 2013, total non-cancelable purchase obligations, excluding the Company's wafer purchase commitments to GF under the WSA, were $456 million.
The Company also had other contractual obligations, included in "Other long-term liabilities" on its consolidated balance sheet, which consists of $131 million of payments due under certain software and technology licenses that will be paid through 2017.
Future unconditional purchase obligations as of December 28, 2013 were as follows:
Year
Unconditional purchase obligations
 
(In millions)
2014
$
438

2015
80

2016
39

2017
30

2018

2019 and thereafter

 Total unconditional purchase commitments
$
587


Obligations to GF
Obligations to GF represents all of the Company’s contractual obligations to GF, including approximately $250 million for inventory purchases during the first quarter of 2014 and other payables under the WSA as described below.
Pursuant to the third amendment to the WSA, GF agreed to waive a portion of the Company’s wafer purchase commitments for the fourth quarter of 2012. In consideration for this waiver, the Company agreed to pay GF a fee of $320 million. The cash impact of this $320 million fee was paid over several quarters, with $80 million paid on December 28, 2012, $40 million paid on April 1, 2013 and $200 million paid on December 31, 2013.
Warranties and Indemnities
The Company generally warrants that its products sold to its customers will conform to the Company’s approved specifications and be free from defects in material and workmanship under normal use and service for one year. Subject to certain exceptions, the Company also offers a three-year limited warranty to end users for only those CPU and AMD A-Series APU products that are commonly referred to as “processors in a box” and for PC workstation products. The Company has also offered extended limited warranties to certain customers of “tray” microprocessor products and/or workstation graphics products who have written agreements with the Company and target their computer systems at the commercial and/or embedded markets.
Changes in the Company’s estimated liability for product warranty during the years ended December 28, 2013 and December 29, 2012 are as follows:
 
December 28,
2013
 
December 29,
2012
 
(In millions)
Beginning balance
$
16

 
$
20

New warranties issued during the period
27

 
28

Settlements during the period
(25
)
 
(30
)
Changes in liability for pre-existing warranties during the period, including expirations
(1
)
 
(2
)
Ending balance
$
17

 
$
16


In addition to product warranties, the Company, from time to time in its normal course of business, indemnifies other parties, with whom it enters into contractual relationships, including customers, lessors and parties to other transactions with the Company, with respect to certain matters. In these limited matters, the Company has agreed to hold certain third parties harmless against specific types of claims or losses, such as those arising from a breach of representations or covenants, third-party claims that the Company’s products when used for their intended purpose(s) and under specific conditions infringe the intellectual property rights of a third party, or other specified claims made against the indemnified party. It is not possible to determine the maximum potential amount of liability under these indemnification obligations due to the unique facts and circumstances that are likely to be involved in each particular claim and indemnification provision. Historically, payments made by the Company under these obligations have not been material.