AMD 2003 Annual Report Download - page 165

(ii) those expenses to be borne by the Borrower under this Agreement, payable to a third party;
(iii) those expenses to be borne by the Borrower under this Agreement, which any Lender has incurred in place of the Borrower;
(iv) the default interest and the Break Funding Cost;
(v) the interest on the Loan; and
(vi) the principal of the Loan.
16.4 Upon the application under Clause 16.3, if the amount to be applied falls short of the amount outlined in any of the items thereunder, with respect to the
first item not fully covered (the “Item Not Fully Covered”), the remaining amount, after the application to the item of the next highest order of priority,
shall be applied after the proration in proportion to the amount of the individual payment obligations owed by the Borrower regarding the Item Not Fully
Covered, which have become due and payable.
16.5 Unless otherwise required by Laws and Ordinances, the Borrower shall not deduct Taxes and Public Charges from the amount of obligations to be paid
pursuant to this Agreement. If it is necessary to deduct Taxes and Public Charges from the amount payable by the Borrower, the Borrower shall
additionally pay the amount necessary in order for the Lender to be able to receive the amount that it would receive if no Taxes and Public Charges were
imposed. In such cases, the Borrower shall, within thirty (30) days from the date of payment, directly send to the Lender the certificate of tax payment in
relation to withholding taxes issued by the tax authorities or other competent governmental authorities in Japan.
17. DISTRIBUTION TO LENDERS
17.1 If there still exist any remaining amounts after deducting the amount equivalent to the amount described in Clause 16.3(i) and Clause 16.3(ii) from the
amount paid by the Borrower pursuant to Clause 16, the Agent shall immediately distribute such remaining amount to the Lenders in accordance with the
provision of this Clause 17. Provided, however, that if such money was paid by the Borrower pursuant to Clause 9.2 or Clause 9.4, notwithstanding the
provision of this Clause 17, the Agent shall promptly distribute such money to the Costs Increased Lender.
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004