AMD 1994 Annual Report Download - page 377

arrears on the last business day of each __________, ___________, and
___________, commencing on _____________; provided, however, that such fee shall
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not be due and payable hereunder if the Company has not made a payment of
[interest, commissions, fees] during such immediately preceding quarterly
period. All payments to the Assignor pursuant to this Section 2(c) shall be
made by wire transfer in immediately available funds to _________________
_______________________________________________________, Attention:
______________________ Account #____________, Reference:
______________________________, or to such other person or place as the Assignor
may designate in writing to the Assignee from time to time.]
(d) To the extent payment to be made by the Assignee pursuant to
Section(s) 2(a) [or (c)] hereof are not made when due, the Assignor shall be
entitled to recover such amount together with interest thereon at the Federal
Funds Rate per annum accruing from the date such amounts were due.
3. Reallocation of Payments.
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Any interest, commissions, fees and other payments accrued to but
excluding the Effective Date with respect to the Loans and the Commitment, shall
be for the account of the Assignor. Any interest, fees and other payments
accrued on and after the Effective Date with respect to the Assigned Amount
shall be for the account of the Assignee. Each of the Assignor and the Assignee
agree that it will hold in trust for the other party any interest, commissions,
fees and other amounts which it may receive to which the other party is entitled
pursuant to the preceding sentences and pay to the other party any such amounts
which it may receive promptly upon receipt. The Assignor and the Assignee's
obligations to make the payments referred to in this Section 3 are non-
assignable.
4. Independent Credit Decision.
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The Assignee (i) acknowledges that it has received a copy of the Loan
Agreement, together with copies of the financial statements referred to in
Section 6.1 thereof, and such other documents and information as it has deemed
appropriate to make its own independent credit and legal analysis and decision
to enter into this agreement; and (ii) agrees that it will, independently and
without reliance upon the Assignor, the Agent or any other Banks and based on
such documents and information as it shall deem appropriate at the time,
continue to make its own credit and legal decisions in taking or not taking
action under the Loan Agreement.
5. Effective Date: [Notices]
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3.
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995