AMD 2003 Annual Report Download - page 158

Establishment of Security Interest (Tanpo Sashiire Sho) dated June 30, 2003, executed by and between the Guarantor and the Borrower.
1.45 “Subsidiary” of a person means any corporation, association, partnership, joint venture or other business entity of which more than fifty percent of the
voting stock or other equity interest (in the case of person other than corporation), is owned or controlled directly or indirectly by the person, or one or
more of the Subsidiaries of the person, or a combination thereof.
1.46 “Syndicate Account” means the ordinary deposit account (futsu yokin koza) (Account No. ***, Account Holder: FASL JAPAN LIMITED) held by the
Borrower at Mizuho Corporate Bank, Ltd., Uchisaiwaicho Corporate Banking Division.
1.47 “Taxes and Public Charges” means all public taxes or public charges including income taxes, corporate taxes and other taxes, which are applicable in
Japan.
1.48 “Temporary Advancement” means, with respect to the Borrower’s repayment on a Due Date, the payment made by the Agent to the Lenders before the
completion of the Borrower’s repayment of an amount equivalent to the amount to be distributed to the Lenders in accordance with Clause 17; or with
respect to the Individual Loans made by the Lenders on the Drawdown Date, the payment made by the Agent to the Borrower before the Lender’s
making the Individual Loan of an amount equivalent to the amount of the Individual Loan to be made to the Borrower.
1.49 “Temporary Advancement Costs” means, in cases where the Agent makes a Temporary Advancement, the amount calculated as the amount of
Temporary Advancement, multiplied by (i) the Funding Rate, and (ii) the actual number of days of the Temporary Advancement Period. “Temporary
Advancement Period” means the period commencing on the date that a Temporary Advancement is made and ending on the date that such Temporary
Advancement is cleared, and the “Funding Rate” means the interest rate that the Agent reasonably determines as the interest rate to fund the amount of
Temporary Advancement through the Temporary Advancement Period. The calculation method for such Temporary Advancement Costs shall be on a
per diem basis, inclusive of first day and exclusive of last day, assuming that there are 365 days per year, wherein divisions shall be done at the end of the
calculation, and fractions less than one yen shall be rounded down.
1.50 “Total Lending Amount” means the total of the Participation Amounts of All Lenders.
1.51 “Total Outstanding Balance” means the total principal amount of the Outstanding Individual Loan Money owed to All Lenders.
2. RIGHTS AND OBLIGATIONS OF LENDERS
2.1 The Lenders shall owe the Lending Obligations.
2.2 Unless otherwise provided for in this Agreement, the obligations of each Lender under this Agreement shall be independent, and a Lender shall not be
released from
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004