AMD 2003 Annual Report Download - page 167

the Agent shall not be liable in relation thereto, and the Borrower and the Assignor of such Loan Receivables shall deal with them at their own
cost and liability. The Borrower and the Assignor of such Loan Receivables shall jointly compensate the Agent for any Damages incurred by the
Agent arising out of this Item (b).
17.3 The distributions by the Agent to the Lenders shall be made in order, starting from Clause 16.3(iii) to Clause 16.3(vii). If there is an Item Not Fully
Covered regarding the amounts to be distributed, the application and distribution with respect to such Item Not Fully Covered shall be made in
accordance with the provisions of Clause 16.4.
17.4 Notwithstanding Clause 16.3, Clause 16.4 and Clause 17.3, if the Borrower’s obligations hereunder become immediately due and payable pursuant to
Clause 22, the Agent shall distribute the remaining amount after deducting the amounts described under Clause 16.3(i) and Clause 16.3(ii) from the
amount paid by the Borrower, in proportion to the amount of the obligations that the Borrower owes to the Lenders under this Agreement, in which case,
the application shall be made in the order and method that the Agent deems appropriate.
17.5 If the remittance of money by the Borrower provided for in Clause 16.1 fails to be completed by the Due Time, the Agent shall be under no obligation to
make the distributions set forth in Clause 17.1 on the same date. In such cases, the Agent shall make such distributions immediately after the remittance
from the Borrower, and the Borrower shall bear any damages, losses and expenses incurred by the Lender or the Agent in connection therewith.
17.6 Upon request from the Agent, and if such request is based on a reasonable cause, the Lenders receiving such request shall immediately notify the Agent
of the amount (including specifics) of the receivables they hold against the Borrower under this Agreement. In this case, the obligation of the Agent to
make distributions set forth in Clause 17.1 shall arise at the time all such notices reach the Agent. In the case where a Lender delays this notice without
reasonable cause, such Lender shall bear all damages, losses or expenses incurred by any Lender or the Agent due to such delay.
17.7 The Agent may make the distributions to the Lenders by Temporary Advancement (provided that the Agent shall not be obligated to make such
Temporary Advancement.). If the Temporary Advancement is not cleared by the Due Time, the Lender who received the distribution pursuant to this
Clause 17.7 shall, immediately upon the Agent’s request, reimburse to the Agent the amount of such Temporary Advancement that it received. The
Lender shall, immediately upon the Agent’s request, pay to the Agent any Temporary Advancement Costs required in making such Temporary
Advancement, per the amount of Temporary Advancement that it received.
18. BORROWER’S REPRESENTATIONS AND WARRANTIES
The Borrower represents and warrants to a Lender and the Agent that each of the following matters is true and correct at the execution date of this
Agreement and at
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004