AMD 1994 Annual Report Download - page 302

interest or fees, as the case may be; subject to the provisions set forth in the
definition of "Interest Period" herein.
(c) Unless the Administrative Agent shall have received notice from
the Company prior to the date on which any payment is due to the Banks hereunder
that the Company will not make such payment in full, the Administrative Agent
may assume that the Company has made such payment in full to the Administrative
Agent on such date in immediately available funds and the Administrative Agent
may (but shall not be so required), in reliance upon such assumption, cause to
be distributed to each Bank on such due date an amount equal to the amount then
due such Bank. If and to the extent the Company shall not have made such
payment in full to the Administrative Agent, each Bank shall repay to the
Administrative Agent on demand such amount distributed to such Bank, together
with interest thereon for each day from the date such amount is distributed to
such Bank until the date such Bank repays such amount to the Administrative
Agent, at the Federal Funds Rate as in effect for each such day.
2.11 Payments by the Banks to the Administrative Agent.
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(a) Unless the Administrative Agent shall have received notice from a
Bank on the Funding Date that such Bank will not make available to the
Administrative Agent for the account of the Company the amount of that Bank's
Commitment Percentage of the Borrowing, the Administrative Agent may assume that
each Bank has made such amount available to the Administrative Agent in
immediately available funds by 11:00 a.m. (San Francisco time) on the Funding
Date and the Administrative Agent may (but shall not be so required), in
reliance upon such assumption, make available to the Company on such date a
corresponding amount. If and to the extent any Bank shall not have made its full
amount available to the Administrative Agent in immediately available funds by
11:00 a.m. (San Francisco time) and the Administrative Agent in such
circumstances has made available to the Company such amount, that Bank shall on
the next Business Day following the Funding Date make such amount available to
the Administrative Agent, together with interest at the Federal Funds Rate for
and determined as of each day during such period. A certificate of the
Administrative Agent submitted to any Bank with respect to amounts owing under
this subsection 2.11(a) shall be conclusive, absent manifest error. If such
amount is so made available, such payment to the Administrative Agent shall
constitute such Bank's Loan on the date of Borrowing for all purposes of this
Agreement. If such amount is not made available to the Administrative Agent on
the next Business Day following the Funding Date, the Administrative Agent shall
notify the Company of such failure to fund and, upon demand by the
Administrative Agent, the Company shall pay such amount to the Administrative
Agent for the Administrative Agent's account,
28.
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995