Annual report pursuant to Section 13 and 15(d)

Commitments and Guarantees

v3.6.0.2
Commitments and Guarantees
12 Months Ended
Dec. 31, 2016
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Guarantees
Commitments and Guarantees
Operating Leases
As of December 31, 2016, 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)
2017
$
49

2018
51

2019
46

2020
43

2021
64

2022 and thereafter
135

 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 2028. The Company also leases certain manufacturing and office equipment for terms ranging from one to five years. Rent expense for 2016, 2015 and 2014 was $39 million, $47 million and $59 million, respectively.
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. During the second quarter of 2016, the Company signed an amendment to the lease agreement associated with this facility in Sunnyvale, California so that the lease expires in December 2017. In connection with the amendment, the lease payments were reduced for 2017. During the third quarter of 2016, the Company entered into a 10-year operating lease to occupy 220,000 square feet of new office space in Santa Clara. Base rent obligation is estimated to commence in August 2017 and the total estimate base rent payments over the life of the lease are approximately $125 million. In addition to the base rent payments, the Company will be obligated to pay certain customary amounts for its share of operating expenses and tax obligation. The Company has the option to extend the term of the lease for an additional two five-year periods.
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 operating 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 31, 2016 were $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 31, 2016, total non-cancelable purchase obligations, excluding the Company’s wafer purchase commitments to GF under the WSA, were $447 million.
The Company also had other contractual obligations, included in Other long-term liabilities on its consolidated balance sheet, which primarily consisted of $91 million of payments due under certain software and technology licenses that will be paid through 2020.
Future unconditional purchase obligations as of December 31, 2016 were as follows:
Year
Unconditional purchase obligations
 
(In millions)
2017
$
391

2018
86

2019
51

2020
9

2021
1

2022 and thereafter

 Total unconditional purchase commitments
$
538


Obligations to GF
As of December 31, 2016, the Company's minimum purchase obligations for wafer purchases for the years 2017 through 2020 are approximately $3.3 billion.
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 conditions for one year. Subject to certain exceptions, the Company also offers a three-year limited warranty to end users for those CPU and AMD A-Series APU products purchased as individually packaged products, commonly referred to as “processors in a box”, and for PC workstation products. The Company 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 31, 2016 and December 26, 2015 are as follows:
 
December 31,
2016
 
December 26,
2015
 
(In millions)
Beginning balance
$
15

 
$
19

New warranties issued during the period
21

 
28

Settlements during the period
(19
)
 
(26
)
Changes in liability for pre-existing warranties during the period, including expirations
(5
)
 
(6
)
Ending balance
$
12

 
$
15


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.