AMD 1994 Annual Report Download - page 116

and Specifications shall also satisfy the requirements under clause (iii) of
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Section 3.2.3 of the Consent Agreement.
(d) Permanent Occupancy. A copy, certified by Lessee as being a true and
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correct copy, of the final Certificate of Occupancy, together with all
government certificates that Lessor may reasonably require from applicable
governmental authorities, evidencing compliance with all zoning, building, fire,
health, environmental and other applicable laws, rules and regulations, together
with evidence, satisfactory to Lessor, that there are no additions, actions or
proceedings pending or threatened to alter or declare invalid any of those laws,
ordinances, rules, regulations or permits or certificates for or relating to the
Renovations, to the Land, or any part thereof. Fulfillment of the requirements
under this clause (d) shall also fulfill the requirements under clause (ii) of
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Section 3.2.3 of the Consent Agreement.
21.9. Remedying Construction Defects. Lessee will promptly remedy, in a
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manner reasonably satisfactory to Lessor, all such parts or aspects of
construction as Lessor may reasonably determine are not in compliance with the
Plans and Specifications.
21.10. Legal Requirements; Insurance Requirements. Lessee shall cause
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such Renovations and the construction thereof to be in compliance with all Legal
Requirements, the Construction Documents, any restrictions of record and
Insurance Requirements.
21.11. Commitment Fees. On the Execution Date, Lessee shall pay to Lessor
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a facility fee in the amount of One Hundred Thousand Dollars ($100,000). In
addition, Lessee shall pay to Lessor a commitment fee (the "Commitment Fee") for
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the period from and including December 22, 1993 to and excluding the Funding
Termination Date, equal to the average of the daily unused portion of the
Maximum Advance Amount multiplied by 0.375% per annum. The Commitment Fee will
be calculated on the basis of a 360-day year, and the actual number of days
elapsed to be payable in arrears on each Installment Date, commencing on the
first such date to occur after the Execution Date, and at maturity. Lessor
shall pay to Lender the above described facility fee and Lender's share of the
Commitment Fee as required in the loan documents entered into between Lessor and
Lender. Nothing herein shall relieve Lessee and Guarantor from their
obligations to pay to Lessor any amounts which become due and owing pursuant to
that certain letter agreement (the "Letter Agreement)" by and among Lessee,
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Guarantor, Lessor and CIBC Leasing Inc., dated July 23, 1993.
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995