AMD 1994 Annual Report Download - page 338

protest or other notice of any kind, all of which are hereby expressly waived by
the Company; and
(c) exercise on behalf of itself and the Banks all rights and
remedies available to it and the Banks under the Loan Documents or applicable
law;
provided, however, that upon the occurrence of any event specified in paragraph
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(f) or (g) above (in the case of clause (i) of paragraph (g) upon the expiration
of the 60-day period mentioned therein), the obligation of each Bank to make
Loans shall automatically terminate and the unpaid principal amount of all
outstanding Loans and all interest and other amounts as aforesaid shall
automatically become due and payable without further act of the Administrative
Agent or any Bank.
8.3 Rights Not Exclusive. The rights provided for in this Agreement
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and the other Loan Documents are cumulative and are not exclusive of any other
rights, powers, privileges or remedies provided by law or in equity, or under
any other instrument, document or agreement now existing or hereafter arising
8.4 Certain Financial Covenant Defaults. In the event that, after
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taking into account any extraordinary charge to earnings taken or to be taken as
of the end of any fiscal period of the Company (a "Charge"), and if solely by
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virtue of such Charge, there would exist an Event of Default due to the breach
of any of Sections 7.10, 7.11, 7.12 or 7.13 as of such fiscal period end date,
such Event of Default shall be deemed to arise upon the earlier of (a) the date
after such fiscal period end date on which the Company announces publicly it
will take, is taking or has taken such Charge (including an announcement in the
form of a statement in a report filed with the SEC) or, if such announcement is
made prior to such fiscal period end date, the date that is such fiscal period
end date, and (b) the date the Company delivers to the Administrative Agent its
audited annual or unaudited quarterly financial statements in respect of such
fiscal period reflecting such Charge as taken.
ARTICLE IX
THE ADMINISTRATIVE AGENT
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9.1 Appointment and Authorization. Each Bank hereby irrevocably
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appoints, designates and authorizes the Administrative Agent to take such action
on its behalf under the provisions of this Agreement and each other Loan
Document and to exercise such powers and perform such duties as are expressly
delegated to it by the terms of this Agreement or any other Loan
64.
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995