AMD 1997 Annual Report Download - page 121
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Please find page 121 of the 1997 AMD annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.-
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(a) Lessor shall have received from Guarantor, Lessee and The
Long-Term Credit Bank of Japan, Ltd., Los Angeles Agency (the "Lender"), a
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duly executed original (or, if elected by Lessor, an executed facsimile copy)
of this Amendment.
(b) Lessor shall have received a duly executed original (or, if
elected by Lessor, an executed facsimile copy) of the Fourth Amendment to
Credit Agreement.
(c) Lessor shall have received a legal opinion from O'Melveny &
Meyers LLP in the form attached hereto as Exhibit A.
---------
(d) Each of the representations and warranties set forth in
Section 3 above are true and correct as of such date.
6. Reservation of Rights. The Guarantor acknowledges and agrees that
---------------------
the execution and delivery by Lessor of this Amendment shall not be deemed to
create a course of dealing or otherwise obligate Lessor to forbear or execute
similar amendments under the same or similar circumstances in the future.
7. Miscellaneous.
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(a) Except as herein expressly amended, all terms, covenants and
provisions of the Guaranty are and shall remain in full force and effect and
all references therein to such Guaranty shall henceforth refer to the Guaranty
as amended by this Amendment. This Amendment shall be deemed incorporated
into, and a part of, the Guaranty. The Guaranty, as amended by this Amendment,
is hereby absolutely and unconditionally affirmed in its entirety by the
Guarantor.
(b) This Amendment shall be binding upon and inure to the benefit
of the parties hereto and thereto and their respective successors and assigns.
No third party beneficiaries are intended in connection with this Amendment.
(c) This Amendment shall be governed by and construed in
accordance with the law of the State of California.
(d) This Amendment may be executed in any number of
counterparts, each of which shall be deemed an original, but all such
counterparts together shall constitute but one and the same instrument. Each
of the parties hereto understands and agrees that this document (and any other
document required herein) may be delivered by facsimile transmission to be
followed promptly by mailing of a hard copy original, and that receipt by
lessor of a facsimile transmitted document purportedly bearing the signature
of Guarantor or Lessee shall bind Guarantor and Lessee with the same force
and effect as the delivery of a hard copy original. Any failure by Lessor to
receive the hard copy executed original of
-5-
Source: ADVANCED MICRO DEVIC, 10-K405, March 03, 1998