AMD 2003 Annual Report Download - page 161

7. REFUSAL TO MAKE LOANS
7.1 A Lender who decides not to make the Individual Loan for the reason that all or part of the conditions under Clause 5 are not satisfied (the
“Non-Drawdown Lender”) may notify the Agent, the Borrower, the Guarantor and all other Lenders of the decision with the reason affixed thereto by
three (3) o’clock P.M. of the first Business Day prior to the Drawdown Date. Provided, however, that if, notwithstanding the satisfaction of all the
conditions under Clause 5, such notice is given and the Individual Loan is not made, the Non-Drawdown Lender may not be released from liabilities
arising from the breach of its Lending Obligations.
7.2 The Borrower shall be responsible for any damages, losses or expenses incurred by the Non-Drawdown Lender or the Agent as a result of the failure to
make the Individual Loan by that Non-Drawdown Lender. Provided, however, that the foregoing shall not apply if the failure to make the Individual
Loan constitutes a breach of the Non-Drawdown Lender’s Lending Obligations.
8. EXEMPTION OF LENDER
8.1 If an Exemption Event occurs with respect to a Lender, the Agent shall immediately notify the Borrower, the Guarantor and All Lenders of such event in
writing.
8.2 All Lenders shall be exempted from their Lending Obligations If an Exemption Event occurs.
9. INCREASED COSTS
9.1 A Costs Increased Lender may, by notifying the Borrower in writing via the Agent, request the Borrower to elect either to bear the Increased Costs or to
prepay to the Costs Increased Lender. The Borrower shall respond to such request by giving written notice to the Costs Increased Lender via the Agent.
9.2 If the Borrower elects to bear the Increased Costs in response to the Costs Increased Lender’s request under Clause 9.1, the Borrower shall pay, in
accordance with the provision of Clause 16, the Costs Increased Lender the money equivalent to such costs.
9.3 If the Borrower elects to prepay to the Costs Increased Lender in response to the request under Clause 9.1, the Borrower shall notify the Agent and All
Lenders in writing by tenth (10) Business Day prior to the date the Borrower desires to prepay (the “Desired Prepayment Date”), of (a) the desire to
prepay, and (b) the Desired Prepayment Date.
9.4 If the notice under Clause 9.3 is given, the Borrower shall pay, in accordance with the provision of Clause 16, to the Costs Increased Lender on the
Desired Prepayment Date all obligations which the Borrower owes to the Costs Increased Lender under this Agreement. In this case, until the Borrower
completes payment of all obligations which the Borrower owes to the Costs Increased Lender under this Agreement, the relevant provisions of this
Agreement regarding the performance of such obligations shall remain in full force and effect with respect to the Costs Increased Lender.
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004