AMD 2003 Annual Report Download - page 149

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. Following the Amendment No. 6 Effective Date, the AMD Saxonia Wafer Purchase Agreement, as amended by this
Fourth 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.
ARTICLE III
Miscellaneous
Section 3.1 Miscellaneous.
(a) This Fourth 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 AMD Saxonia Wafer Purchase Agreement or any provisions of any other Operative Document. Except as specifically amended by this
Fourth Amendment, the AMD Saxonia Wafer Purchase Agreement shall remain in full force and effect and is hereby ratified and confirmed.
(b) This Fourth Amendment shall be an Operative Document under and for purposes of the Sponsors’ Support Agreement dated 11 March 1997, as
amended by the First Amendment to Sponsors’ Support Agreement dated 6 February 1998, the Second Amendment to Sponsors’ Support Agreement dated 29
June 1999, the Third Amendment to Sponsors’ Support Agreement dated 20 February 2001, the Accession Agreement and Fourth Amendment to Sponsors’
Support Agreement dated as of 3 June 2002 and the Fifth Amendment to Sponsors’ Support Agreement dated as of 20 December 2002 (as amended, the
“Sponsors’ Support Agreement”).
(c) This Fourth Amendment is in the English language, which language shall be controlling in all respects.
(d) This Fourth Amendment may be executed in any number of counterparts and by different parties on separate counterparts which when taken together
shall constitute one agreement.
(e)Sections 7.07,7.08,7.09, and7.10 of the AMD Saxonia Wafer Purchase Agreement shall apply, mutatis mutandis, to this Amendment, as if set out
herein in full.
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004