AMD 1994 Annual Report Download - page 307

charged with the interpretation or administration thereof (whether or not
having the force of law) after the date of delivery of such Form 4224; or
(iii) if the Bank shall have delivered to the Company a Form 1001
in respect of such Lending Office pursuant to subsection 3.1(f), and such
Bank shall not at any time be entitled to exemption from deduction or
withholding of United States Federal income tax in respect of payments by
the Company hereunder for the account of such Lending Office for any reason
other than a change in United States law or regulations or any applicable
tax treaty or regulations or in the official interpretation of any such
law, treaty or regulations by any governmental authority charged with the
interpretation or administration thereof (whether or not having the force
of law) after the date of delivery of such Form 1001.
(h) If, at any time, the Company requests any Bank to deliver any
forms or other documentation pursuant to subsection 3.1(f)(iv), then the Company
shall, on demand of such Bank through the Administrative Agent, reimburse such
Bank for any costs and expenses (including Attorney Costs) reasonably incurred
by such Bank in the preparation or delivery of such forms or other
documentation.
(i) If the Company is required to pay additional amounts to any Bank
or the Administrative Agent pursuant to subsection 3.1(d), then such Bank shall
use its reasonable best efforts (consistent with legal and regulatory
restrictions) to change the jurisdiction of its Lending Office so as to
eliminate any such additional payment by the Company which may thereafter accrue
if such change in the judgment of such Bank is not otherwise disadvantageous to
such Bank.
(j) If any Bank or the Administrative Agent receives any refund from
any taxing authority of any Tax or Other Tax as to which the Company has
indemnified such Bank or the Administrative Agent (as the case may be) under
subsection (c) of this Section, or as to which the Company has made payment
under subsection 3.1(d)(iii), due to a mistake in its assessment, then such Bank
or the Administrative Agent (as the case may be) will promptly notify the
Company of such refund and will reimburse the Company to the extent of such
refund or the amount of payment or indemnification made by the Company,
whichever is less.
3.2 Illegality.
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(a) If any Bank shall determine that the introduction of any
Requirement of Law or any change therein or in the interpretation or
administration thereof has made it
33.
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995