AMD 1994 Annual Report Download - page 350

this Agreement or in enforcement of this Agreement or the other Loan Documents;
except to the extent such information (i) was or becomes generally available to
the public other than as a result of a disclosure by the Bank, or (ii) was or
becomes available on a non-confidential basis from a source other than the
Company, provided that such source is not bound by a confidentiality agreement
with the Company known to the Bank; provided, further, however, that any Bank
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may disclose such information (A) at the request or pursuant to any requirement
of any Governmental Authority to which the Bank is subject or in connection with
an examination of such Bank by any such authority; (B) pursuant to subpoena or
other court process; (C) when required to do so in accordance with the
provisions of any applicable Requirement of Law; (D) to the extent reasonably
required in connection with any litigation or proceeding to which the
Administrative Agent, any Bank or their respective Affiliates may be party; (E)
to the extent reasonably required in connection with the exercise of any remedy
hereunder or under any other Loan Document; (F) to any Participant or Assignee,
actual or potential, provided that such Person agrees in writing to keep such
information confidential to the same extent required of the Banks hereunder; (G)
as to any Bank, as expressly permitted under the terms of any other document or
agreement regarding confidentiality to which the Company is party or is deemed
party with such Bank; and (H) to such Bank's independent auditors and other
professional advisors. Notwithstanding the foregoing, provided that, (X) with
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respect to (B) and (D) above, unless such notice is prohibited by applicable
law, regulation or court process, the Company shall be provided advance notice
of the Bank's intention to disclose, although failure to provide such notice
shall not restrict such Bank's right to disclose such information; and (Y), in
the case of assignments, (1) the Company is notified as to the identity of each
Assignee, except upon the occurrence of an Event of Default, in which case
notification shall be unnecessary, (2) the Company authorizes each Bank to
disclose to any Participant or Assignee (each, a "Transferee") and to any
prospective Transferee, such financial and other information in such Bank's
possession concerning the Company or its Subsidiaries which has been delivered
to Administrative Agent or the Banks pursuant to this Agreement or which has
been delivered to the Administrative Agent or the Banks by the Company in
connection with the Banks' credit evaluation of the Company prior to entering
into this Agreement, and (3) unless otherwise agreed by the Company, such
Transferee agrees in writing to such Bank to keep such information confidential
to the same extent required of the Banks hereunder.
(f) Notwithstanding any other provision in this Agreement, any Bank
may at any time create a security interest in, or pledge, all or any portion of
its rights under and interest in this Agreement and the Note held by it in favor
of any Federal Reserve Bank in accordance with Regulation A of the
76.
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995