AMD 1994 Annual Report Download - page 295

provisions which by their terms consolidate, amend or replace the statute or
regulation.
(g) Captions. The captions and headings of this Agreement are for
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convenience of reference only and shall not affect the construction of this
Agreement.
(h) Independence of Provisions. The parties acknowledge that this
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Agreement and other Loan Documents may use several different limitations, tests
or measurements to regulate the same or similar matters, and that such
limitations, tests and measurements are cumulative and must each be performed,
except as expressly stated to the contrary in this Agreement.
1.3 Accounting Principles.
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(a) Unless the context otherwise clearly requires, all accounting
terms not expressly defined herein shall be construed, and all financial
computations required under this Agreement shall be made, in accordance with
GAAP, consistently applied.
(b) References herein to "fiscal year" and "fiscal quarter" refer
to such fiscal periods of the Company.
ARTICLE II
THE LOANS
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2.1 Term Loans. Each Bank severally agrees, on the terms and
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conditions hereinafter set forth, to make a single term loan (each a "Loan" and,
collectively, the "Loans") to the Company on the Funding Date in a principal
amount equal to such Bank's Commitment Percentage times the amount of the
Borrowing on the Funding Date, but not exceeding the amount set forth opposite
such Bank's name in Schedule 2.1 under the heading "Commitment" (such amount as
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the same may be reduced as a result of one or more assignments pursuant to
Section 10.8, the Bank's "Commitment"). Any amount of the Loans repaid may not
be reborrowed. The Funding Date shall be January 5, 1995 (or such later date on
or before January 13, 1995 as may be agreed in writing by the Company and the
Administrative Agent), provided that all conditions precedent set forth in
Article 4 with respect to the making of the initial Loans are satisfied or
waived by all Banks.
21.
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995