AMD 1994 Annual Report Download - page 72

within the meaning of the Public Utility Holding Company Act of 1935, as
amended.
SECTION 3.1.4 Validity, etc. This Guaranty and each of the Operative
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Agreements to which Guarantor or Lessee is a party constitutes the legal, valid
and binding obligation of Guarantor and Lessee, as applicable, enforceable in
accordance with its terms; except as such enforceability may be limited by
bankruptcy, insolvency, reorganization or similar laws affecting creditors'
rights generally and by principles of equity.
SECTION 3.1.5 Financial Information. The consolidated balance sheets of
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Guarantor and its Subsidiaries as at December 31, 1991, June 28, 1992, December
27, 1992 and June 27, 1993, and the related consolidated statements of earnings
and cash flow of Guarantor and such Subsidiaries, copies of which have been
furnished to Lessor have been prepared in accordance with GAAP consistently
applied, and present fairly the consolidated financial condition of the entities
covered thereby as at the dates thereof and the results of their operations for
the periods then ended.
SECTION 3.1.6 No Material Adverse Change. Subject to the current
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litigation between Guarantor and Intel Corporation described in Section 3.1.9
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and the effect which that litigation may have upon Guarantor if determined
adversely to the Guarantor, which litigation and which effect are accurately
described in Guarantor's Forms 10-Q dated June 28, 1993 and September 26, 1993,
respectively, there has been no material adverse change in the financial
condition, operations, assets, business, properties or prospects of Guarantor or
any of its Subsidiaries since September 27, 1992.
SECTION 3.1.7 Litigation, Labor Controversies, etc. There is no pending
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or, to the knowledge of Guarantor, threatened litigation, action, proceeding, or
labor controversy affecting Guarantor or any of its Subsidiaries, or any of
their respective properties, businesses, assets or revenues which may materially
adversely affect the financial condition, operations, assets, business,
properties or prospects of Guarantor and its Subsidiaries, taken as a whole, or
which purports to affect the legality, validity or enforceability of this
Guaranty or either of the Leases except as described in Guarantor's Annual
Report on Form 10-K for the fiscal year ended December 27, 1992, Guarantor's
Quarterly Reports on Form 10-Q for the periods ended June 28, 1992, March 28,
1993, June 27, 1993 and September 26, 1993, and each of the Forms 8-K dated
September 7, 1993, September 9, 1993, and October 25, 1993. Lessor acknowledges
receipt of each of the Forms 10-K, Forms 10-Q and Forms 8-K specifically listed
in the preceding sentence.
SECTION 3.1.8 Subsidiary. Guarantor owns all of the outstanding voting
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stock in Lessee and all stock, securities and
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995