AMD 1995 Annual Report Download - page 200

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part of the Secured Sum on the date or in the manner specified
in the Contract and to allow the Guarantor 14 days to make such
payment. The Guarantor hereby waives any right it may have of
first requiring CSSD to proceed against, or enforce any other
rights or security of the Company or any other person before
claiming from the Guarantor hereunder.
2.3 As between the Guarantor and CSSD but without affecting the
Company's obligations, the Guarantor shall be liable under this
Guarantee as if it were the sole principal debtor and not merely
a surety. Accordingly, the Guarantor shall not be discharged,
nor shall its liability be affected, by anything which would not
discharge it or affect its liability if it were the sole
principal debtor (including (1) any time, indulgence, waiver or
consent at any time given to the Company or any other person,
(2) any amendment to any other provision of this Guarantee or
its related security document or any security or other guarantee
or indemnity, (3) the making or absence of any demand on the
Company or any other person for payment, (4) the enforcement or
absence of enforcement of the Contract or of any security or
other guarantee or indemnity, (5) the release of any security or
other guarantee or indemnity, (6) the insolvency, dissolution,
reconstruction or reorganisation of the Company or any other
person, (7) the illegality, invalidity or unenforceability of or
any defect in any provision of this Guarantee or any of the
Company's obligations under the Contract or (8) any other matter
or thing whatsoever).
2.4 This Guarantee shall be a continuing guarantee and shall extend
to the ultimate balance of the Secured Sum payable by the
Company under the Contract notwithstanding any change in the
names, style or constitution of the Company.
2.5 The obligations of the Guarantor under this Guarantee are and
will remain in full force and effect by way of continuing
security until no sum remains payable under this Guarantee and
no part of the Secured Sum remains payable under the Contract.
Furthermore, those obligations of the Guarantor are additional
to, and not instead of; any security or other guarantee or
indemnity at any time existing in favour of any person, whether
from the Guarantor or otherwise.
2.6 So long as any sum remains payable under this Guarantee:-
(a) any right of the Guarantor, by reason of performance of any
of its obligations under this Clause 2, to be indemnified
by the Company or to take the benefit of or enforce any
security or other guarantee or indemnity shall be exercised
and enforced by the Guarantor only in such manner and on
such terms as CSSD may require; and
(b) any amount received or recovered by the Guarantor as a
result of any exercise of any such right in contravention
of the provisions of paragraph (a) above up to the amount
of the Secured Sum shall be held in trust for CSSD and
immediately paid to CSSD.
Source: ADVANCED MICRO DEVIC, 10-K405, March 21, 1996