AMD 1994 Annual Report Download - page 57

AMENDED AND RESTATED GUARANTY
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THIS AMENDED AND RESTATED GUARANTY, dated as of December 17, 1993 (as
from time to time amended, supplemented, amended and restated or otherwise
modified, this "Guaranty"), made by ADVANCED MICRO DEVICES, INC., a Delaware
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corporation (the "Guarantor"), in favor of CIBC INC., a Delaware corporation
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("Lessor").
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W I T N E S S E T H:
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WHEREAS, pursuant to a Land Lease dated as of September 22, 1992, as
amended by that certain First Amendment to Land Lease dated December 22, 1992
(the "Original Land Lease") between AMD International Sales & Service, Ltd., a
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Delaware corporation (the "Lessee") and Lessor, Lessor leased to Lessee the land
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(the "Land") described at Schedule I hereto;
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WHEREAS, pursuant to a Building Lease, dated as of September 22, 1992,
as amended by that certain First Amendment to Building Lease dated December 22,
1992 (the "Original Building Lease"), between Lessee and Lessor, Lessor leased
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to Lessee the building and improvements located on the Land, all as more
specifically described in the Original Building Lease;
WHEREAS, pursuant to a Construction Consent Agreement between Lessor
and Lessee dated December 22, 1992 Lessor consented to Lessee making certain
Renovations (as defined below) to the Property;
WHEREAS, as a condition precedent to Lessor entering into the Original
Land Lease and the Original Building Lease, the Guarantor executed and delivered
a Guaranty dated as of September 22, 1992, which Guaranty was amended and
restated by that certain Amended and Restated Guaranty dated as of January 4,
1993 (collectively, the "Original Guaranty";
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WHEREAS, Lessor and Lessee are entering into a Second Amendment to Land
Lease dated as of the date hereof (the "Land Lease Amendment") which will amend
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the Original Land Lease to incorporate certain changes and modifications which
have been agreed to by the parties;
WHEREAS, Lessor and Lessee also are entering into a Second Amendment to
Building Lease dated as of the date hereof (the "Building Lease Amendment")
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which will amend the Original Building Lease to (i) provide that Lessor will
fund certain of the Renovations, and (ii) make certain other changes and
modifications which have been agreed to by the parties;
WHEREAS, Guarantor has acknowledged that the changes, modifications,
additions and fundings reflected in the Land Lease
Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995