AMD 2003 Annual Report Download - page 164

14. AGENT FEE
The Borrower shall pay the Agent Fee to the Agent as separately agreed between the Borrower and the Agent, for the performance of the Agent Services
set forth in this Agreement.
15. EXPENSES; TAXES AND PUBLIC CHARGES
15.1 All expenses (including attorney’s fees) incurred in connection with the preparation and any revision or amendment of this Agreement, and all expenses
(including attorney’s fees) incurred in relation to the maintenance and enforcement of the rights or the performance of the obligations by the Lender and
the Agent pursuant to this Agreement shall be borne by the Borrower to the extent that it is not in violation of Laws and Ordinances. If any Lender or the
Agent has paid these expenses in the place of the Borrower, the Borrower shall, immediately upon the Agent’s request, pay the same in accordance with
the provision of Clause 16.
15.2 The stamp duties and any other similar Taxes and Public Charges incurred in relation to the preparation, amendment or enforcement of this Agreement
and any documents related hereto shall be borne by the Borrower. If any Lender or the Agent has paid these Taxes and Public Charges in the place of the
Borrower, the Borrower shall, immediately upon the Agent’s request, pay the same in accordance with the provision of Clause 16.
16. PERFORMANCE OF BORROWER’S OBLIGATIONS
16.1 In order to repay the obligations under this Agreement, the Borrower shall remit the relevant amount to the Agent’s Account (i) by the Due Time, for
those obligations the Due Date of which is provided for herein, or (ii) immediately upon the Agent’s request, for those obligations the Due Date of which
is not provided for herein. In such cases, the Borrower’s obligations to the Agent or a Lender shall be deemed to have been performed upon the time of
the remittance of the relevant amount to the Agent’s Account.
16.2 Unless otherwise provided for in this Agreement, a payment by the Borrower directly to a Lender other than the Agent contrary to the provisions of
Clause 16.1 of amounts owing under this Agreement shall not be deemed to constitute the due performance of obligations under this Agreement. In this
case, the Lender receiving such payment shall immediately pay the money it receives to the Agent, and the obligations with respect to such money shall
be deemed to have been performed upon the Agent’s receipt of such money. Provided, however, that the Borrower, upon giving prior written notice to
the Agent, disposes (nini-baikyaku) the assets subject to floating security interest (ne-tanpoken) that have been granted in favour of a Lender as the
secured party of the floating security interest, and directly pays to that Lender the proceeds it receives from such disposal in order to perform its
obligations under this Agreement, such direct payment shall be considered to constitute the due performance of obligations under this Agreement. The
Borrower may not perform its obligations under this Agreement by deed-in-lieu of performance (daibutsu bensai) unless the Agent and All Lenders give
their prior written approval.
16.3 The Borrower’s payments pursuant to this Clause 16 shall be applied in the order set forth below; provided, however, that the provisions of Clause 17.4
shall apply if any obligation of the Borrower becomes immediately due and payable pursuant to Clause 22:
(i) those expenses to be borne by the Borrower under this Agreement, which the Agent has incurred in the place of the Borrower, and the Agent Fee;
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004