AMD 2003 Annual Report Download - page 159

its obligations under this Agreement for the reason that any of the other Lenders fails to perform such obligations. A Lender shall not be responsible for
any failure of other Lenders to perform their obligations under this Agreement.
2.3 If a Lender, in breach of its Lending Obligation, fails to make an Individual Loan on the Drawdown Date, such Lender shall, upon request by the
Borrower, immediately compensate the Borrower for all damages, losses and expenses incurred by the Borrower as a result of such breach; provided,
however, that the maximum amount of such compensation to the Borrower for the damages, losses and expenses incurred shall be the difference between
(i) the interest and other expenses that is required or would be required to be paid if the Borrower separately makes a drawdown as a result of the
Individual Loan’s failure to be made on the Drawdown Date, and (ii) the interest and other expenses that would have been required to be paid if the
Individual Loan were made on the Drawdown Date.
2.4 Unless otherwise provided for in this Agreement, each Lender may exercise its rights under this Agreement separately and independently.
3. USE OF PROCEEDS
The Borrower shall use the money raised by the Loan as long-term working capital and repayment fund for the borrowings of 18 billion yen (bridge
finance) under Over-draft Loan Facility Agreement dated as of June 30, 2003 between Mizuho Corporate Bank, Ltd.
4. CONDITIONS PRECEDENT FOR EFFECTIVENESS OF THIS AGREEMENT
This Agreement shall take effect at such time that the Borrower and the Guarantor shall have submitted all of the following documents to the Agent and
All Lenders, and the Agent and All Lenders are satisfied with the details thereof:
(a) the certificate of seal registration of the representative of the Borrower and the Guarantor as of July 1, 2003 or thereafter, who shall sign and affix
their seal to this Agreement and the Guarantee;
(b) a certified copy of the certificate of corporate registration (an entire certificate of record matter or an entire certificate of present matter) of the
Borrower and the Guarantor as of July 1, 2003 or thereafter;
(c) the articles of incorporation of the Borrower and the Guarantor, with certification attached thereto certifying that it is a copy of the original (the
date of such certification shall be July 1, 2003 or thereafter); and
(d) the confirmation letter prepared by the representative director of the Borrower and certifying that all internal procedures of the company
necessary for the execution of this Agreement and the drawdown pursuant to this Agreement have completed.
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004