AMD 2003 Annual Report Download - page 184

insurance company or institutional investor etc.) or a special purpose company established for the purpose of securitization of assets (or so called
liquidation of assets (shisan-no-ryudoka) under the Japanese law), and as of September 25, 2003, neither the third party nor the Borrower is the
Subsidiary or the Affiliate of either party.
(iv) The value of the Loan Receivables that the third party obtains by subrogation is equal to or more than 1 billion yen.
(v) There will be no increase in the amount of the Borrower’s interest expense payable to the third party, and no withholding tax or other taxes arise
from any such obtainment by subrogation.
In the case of any acquisition of the Loan Receivables by subrogation by the third party pursuant to the provisions of Item (i) above, such acquisition by
subrogation shall be considered an assignment of the Loan Receivables pursuant to Clause 29, and the provisions of Clauses 29.2 shall apply.
31. TERMINATION OF THIS AGREEMENT
If the execution and performance of this Agreement and any transactions contemplated under this Agreement become contrary to any Laws and
Ordinances applicable to any Lender, the Lender shall consult with the Borrower and all other Lenders through the Agent and take measures to cure the
situation. In this case, the Borrower and All Lenders excluding the relevant Lender may not refuse the termination of this Agreement with respect to the
relevant Lender without reasonable cause.
32. GENERAL PROVISIONS
32.1 Confidentiality Obligations
The Borrower shall raise no objection to the disclosure of information set forth in each item below:
(i) If the notice of refusal to make an Individual Loan has been given pursuant to the provisions of Clause 7.1, or if any of the events described in
the items of Clause 22.1 or 22.2 have occurred, or if the clarification of the intention of the Majority Lenders has been required pursuant to the
provisions of Clause 27, the Agent and a Lender may, by imposing a confidentiality obligation to the receiving party, disclose any information
with regard to the Borrower or the transaction with the Borrower, which either party has obtained through this Agreement or an agreement other
than this Agreement, to the extent reasonably required.
(ii) Upon the assignment of the Loan Receivables pursuant to Clause 29, a Lender may disclose any information with regard to this Agreement to the
Assignee or a person considering becoming an Assignee (including an intermediary of such assignment), on the condition that those agree to be
bound by the confidentiality obligations. The information with regard to
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004