AMD 1994 Annual Report Download - page 296

2.2 Loan Accounts; Notes.
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(a) The Loan made by each Bank shall be evidenced by one or more
loan accounts or records maintained by such Bank in the ordinary course of
business. The loan accounts or records maintained by the Administrative Agent
and each Bank shall be conclusive absent manifest error as to the amount of the
Loan made by the Banks to the Company and the interest and payments thereon. Any
failure so to record or any error in doing so shall not, however, limit or
otherwise affect the obligation of the Company hereunder to pay any amount owing
with respect to the Loan. In case of a discrepancy between the entries in the
Administrative Agent's books and any Bank's books, such Bank's books shall
constitute prima facie evidence of the accuracy of the information so recorded.
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(b) As additional evidence of the Indebtedness of the Company to
each Bank resulting from the Loan made by such Bank, the Company shall execute
and deliver for the account of each Bank pursuant to Article IV a Note, dated
the Funding Date, in the principal amount of the Loan made by such Bank on the
Funding Date. Each Bank shall endorse on the schedules annexed to its Note the
date, amount and maturity of the Loan made by it and the amount of each payment
of principal made by the Company with respect thereto. Each Bank is irrevocably
authorized by the Company to endorse its Note and each Bank's record shall be
prima facie evidence of the accuracy of the information so recorded; provided,
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however, that the failure of a Bank to make, or an error in making, a notation
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thereon with respect to its Loan shall not limit or otherwise affect the
obligations of the Company hereunder or under any such Note to such Bank.
2.3 Procedure for Borrowing.
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(a) The Borrowing to be made on the Funding Date shall be made upon
the irrevocable written notice (including notice via facsimile confirmed
immediately by a telephone call) of the Company, which notice must be received
by the Administrative Agent, not later than 10:00 a.m. (San Francisco time), (i)
three Business Days prior to the Funding Date, in the case of Offshore Rate
Loans, and (ii) one Business Day before the Funding Date, in the case of Base
Rate Loans, specifying:
(A) the amount of the Borrowing, which shall be in an
aggregate minimum principal amount of Five Million dollars
($5,000,000) or any multiple of One Million dollars ($1,000,000) in
excess thereof;
(B) the requested borrowing date, which shall be a
Business Day; and
22.
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995