AMD 1994 Annual Report Download - page 351

Federal Reserve Board or U.S. Treasury Regulation 31 CFR (S)203.14 or any
similar regulation, and such Federal Reserve Bank may enforce such pledge or
security interest in any manner permitted under applicable law.
10.9 Set-off. In addition to any rights and remedies of the Banks
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provided by law, if an Event of Default exists, each Bank is authorized at any
time and from time to time, without prior notice to the Company, any such notice
being waived by the Company to the fullest extent permitted by law, to set off
and apply any and all deposits (general or special, time or demand, provisional
or final) at any time held by, and other indebtedness at any time owing to, such
Bank to or for the credit or the account of the Company against any and all
Obligations owing to such Bank, now or hereafter existing, irrespective of
whether or not the Administrative Agent or such Bank shall have made demand
under this Agreement or any Loan Document and although such Obligations may be
contingent or unmatured. Each Bank agrees promptly to notify the Company and
the Administrative Agent after any such set-off and application made by such
Bank; provided, however, that the failure to give such notice shall not affect
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the validity of such set-off and application. The rights of each Bank under
this Section 10.9 are in addition to the other rights and remedies (including
other rights of set-off) which the Bank may have.
10.10 Automatic Debits of Fees. With respect to any fee payable to the
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Administrative Agent or ABN under this Agreement, or any other cost or expense
(including Attorney Costs) due and payable to the Administrative Agent or ABN
under the Loan Documents, the Company hereby irrevocably authorizes ABN to debit
any deposit account of the Company with ABN in an amount such that the aggregate
amount debited from all such deposit accounts does not exceed such fees or other
cost or expense. If there are insufficient funds in such deposit accounts to
cover the amount of the fee or other cost or expense then due, such debits will
be reversed (in whole or in part, in ABN's sole discretion) and such amount not
debited shall be deemed to be unpaid. No such debit under this Section 10.10
shall be deemed a set-off.
10.11 Notification of Addresses, Lending Offices, etc. Each Bank shall
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notify the Administrative Agent in writing of any changes in the address to
which notices to the Bank should be directed, of addresses of its Offshore
Lending Office, of payment instructions in respect of all payments to be made to
it hereunder and of such other administrative information as the Administrative
Agent shall reasonably request.
10.12 Counterparts. This Agreement may be executed by one or more of the
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parties to this Agreement in any number of separate counterparts, each of which,
when so executed, shall be
77.
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995