AMD 1997 Annual Report Download - page 189

" `ANTICIPATED CAPACITY' means,
(i) a capacity level of 104,000 Wafers per annum with respect to the
Fiscal Year 2000;
(ii) a capacity level of 215,000 Wafers per annum with respect to the
Fiscal Year 2001; and
(iii) a capacity level of 250,000 Wafers per annum with respect to
each Fiscal Year thereafter."
ARTICLE III
Miscellaneous
SECTION 3.1 Representations and Warranties. Each of AMD Holding and AMD
Saxonia, severally and for itself alone, hereby represents and warrants to the
other as follows:
(a) Organization; Corporate Power. It is duly incorporated and validly
existing under the laws of the jurisdiction of its organization, and has
all necessary power and authority to execute and deliver this Amendment and
to consummate the transactions contemplated by the AMD Saxonia Wafer
Purchase Agreement as amended by this Amendment;
(b) Corporate Authority; No Conflict. The execution and delivery by it of this
Amendment, and the performance by it of its obligations under the AMD
Saxonia Wafer Purchase Agreement as amended by this Amendment have been
duly authorized by all necessary corporate action (including any necessary
shareholder action) on its part, and do not and will not (i) violate any
provision of any law, rule, regulation, order, writ, judgment, injunction,
decree, determination or award presently in effect having applicability to
it, or of its charter or by-laws or (ii) result in a breach of, result in a
mandatory prepayment or acceleration of indebtedness evidenced by or
secured by, or constitute a default under, any indenture or loan or credit
agreement, or any other agreement or instrument to which it is a party or
by which it or its properties may be bound, or require the creation or
imposition of any encumbrance of any nature upon or with respect to any of
the properties now owned or hereafter acquired by it; and
(c) Valid and Binding Obligations. The AMD Saxonia Wafer Purchase Agreement,
as amended by this Amendment, constitutes its legal, valid and binding
obligation, enforceable against it in accordance with its terms subject,
however, to applicable bankruptcy, insolvency, reorganization, moratorium
or similar laws affecting creditors' rights generally and, as to
enforceability, by general equitable principles.
SECTION 3.2 Miscellaneous.
(a) This Amendment is limited as specified and, except as specifically set
forth herein, shall not constitute a modification, amendment or waiver of
any other provision of the
Source: ADVANCED MICRO DEVIC, 10-K405, March 03, 1998