AMD 1997 Annual Report Download - page 107

(iv) Section 7.17 of the Credit Agreement is hereby amended by
deleting therefrom the text "0.85 to 1.00" and substituting therefor the
following:
"(i) 1.00 to 1.00 at the end of each of the first, second and
third fiscal quarters of 1998, (ii) 0.95 to 1.00 at fiscal year-
end 1998 and at the end of each of the first, second and third
fiscal quarters of 1999, and (iii) 0.90 to 1.00 at fiscal year-end
1999 and thereafter"
(v) Section 7.18 of the Credit Agreement is hereby amended by
deleting clauses (a), (b) and (c) thereof and substituting therefor the
following:
"(a) 1.50 to 1.00 at the end of the first fiscal quarter of 1998,
(b) 1.00 to 1.00 at the end of the second fiscal quarter of 1998,
(c) 1.50 to 1.00 at the end of the third fiscal quarter of
1998, (d) 2.00 to 1.00 at fiscal year-end 1998 and at the end
of the first fiscal quarter of 1999, and (e) 2.50 to 1.00 at
the end of the second fiscal quarter of 1999 and thereafter."
(vi) A new Section 7.19 is hereby added to the Credit Agreement as
follows:
"7.19 Profitability. The Company shall not suffer or permit (a) a
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net loss of greater than $10,000,000 for the third fiscal quarter
of 1998, and (b) net income to be less than $1.00 for the fourth
fiscal quarter of 1998, in each case determined for the Company
on a Consolidated basis."
(b) References Within Credit Agreement. Each reference in the Credit
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Agreement to "this Agreement" and the words "hereof," "herein," "hereunder," or
words of like import, shall mean and be a reference to the Credit Agreement as
amended by this Amendment.
3. Representations and Warranties. The Company hereby represents and
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warrants to the Agent, the Syndication Agent, the Documentation Agent and the
Banks and follows:
a. No Default or Event of Default has occurred and is continuing.
b. The execution, delivery and performance by the Company of this
Amendment have been duly authorized by all necessary corporate and other action
and do not and will not require any registration with, consent or approval of,
notice to or action by, any Person (including any Governmental Authority) in
order to be effective and enforceable.
c. This Amendment and the Loan Documents, as amended by this
Amendment, constitute the legal, valid and binding obligations of the Company,
enforceable against it in accordance with their respective terms, without
defense, counterclaim or offset.
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Source: ADVANCED MICRO DEVIC, 10-K405, March 03, 1998