AMD 1994 Annual Report Download - page 76

agreement or other agreement or instrument to which any of them is now a party
or by which it is bound, or (b) in violation of any Governmental Requirements or
Governmental Approvals, which, in the case of (a) or (b) above, would (i)
materially adversely affect either the Property or the properties, business,
operations or financial condition of Guarantor and its Subsidiaries taken as a
whole, (ii) materially adversely affect the ability of Guarantor and its
Subsidiaries to perform any of its obligations under this Guarantee or any of
the Operative Agreements, (iii) materially adversely affect the rights of any
other Person a party to an Operative Agreement, or (iv) materially adversely
affect the transactions contemplated by any of the Operative Agreements.
SECTION 3.1.15 Representations and Warranties in the Leases. Each of
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Lessee's representations and warranties contained in the Leases and the Consent
Agreement is true, complete and correct in all material respects.
SECTION 3.1.16 Accuracy of Information. All factual information
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heretofore or contemporaneously furnished by or on behalf of Guarantor or any of
its Subsidiaries in writing to the Lessor for purposes of or in connection with
this Guaranty or any Operative Agreements or any transaction contemplated hereby
or thereby is, and all other such factual information hereafter furnished by or
on behalf of Guarantor or any of its Subsidiaries to Lessor will be, true and
accurate in every material respect on the date as of which such information is
dated or certified and as to the documents and materials listed on and except as
specifically set forth in Schedule III as of the date of execution and delivery
of this Guaranty, and such information is not, or shall not be, as the case may
be, incomplete by omitting to state any material fact necessary to make such
information not misleading. Notwithstanding the foregoing, while Guarantor has
exercised reasonable care in preparing the financial forecasts and construction
budgets furnished to Lessor, Lessor acknowledges that the information contained
in such forecasts and budgets are preliminary and subject to change.
ARTICLE IV
COVENANTS, ETC.
SECTION 4.1 Affirmative Covenants. Guarantor covenants and agrees that,
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so long as any portion of the Obligations of Lessee shall remain unpaid or
unperformed, Guarantor will, unless Lessor shall otherwise consent in writing,
perform the obligations set forth in this Section.
SECTION 4.1.1 Financial Information, Reports, Notices, etc. Guarantor
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will furnish, or will cause to be furnished, to Lessor
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1995