AMD 1995 Annual Report Download - page 95

5. Reservation of Rights. The Company acknowledges and agrees that the
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execution and delivery by the Administrative Agent and the Banks of this
Amendment shall not be deemed to create a course of dealing or otherwise
obligate the Administrative Agent or the Banks to forbear or execute similar
amendments under the same or similar circumstances in the future.
6. Miscellaneous.
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(a) Except as herein expressly amended, all terms, covenants and
provisions of the Term Loan Agreement are and shall remain in full force and
effect and all references therein to such Term Loan Agreement shall henceforth
refer to the Term Loan Agreement as amended by this Amendment. This Amendment
shall be deemed incorporated into, and a part of, the Term Loan Agreement.
(b) This Amendment shall be binding upon and inure to the benefit of
the parties hereto and thereto and their respective successors and assigns. No
third party beneficiaries are intended in connection with this Amendment.
(c) This Amendment shall be governed by and construed in accordance
with the law of the State of California.
(d) This Amendment may be executed in any number of counterparts,
each of which shall be deemed an original, but all such counterparts together
shall constitute but one and the same instrument. Each of the parties hereto
understands and agrees that this document (and any other document required
herein) may be delivered by any party thereto either in the form of an executed
original or an executed original sent by facsimile transmission to be followed
promptly by mailing of a hard copy original, and that receipt by the
Administrative Agent of a facsimile transmitted document purportedly bearing
the signature of a Bank or the Company shall bind such Bank or the Company,
respectively, with the same force and effect as the delivery of a hard copy
original. Any failure by the Administrative Agent to receive the hard copy
executed original of such document shall not diminish the binding effect of
receipt of the facsimile transmitted executed original of such document of the
party whose hard copy page was not received by the Administrative Agent.
(e) This Amendment, together with Term Loan Agreement, contains the
entire and exclusive agreement of the parties hereto with reference to the
matters discussed herein and therein. This Amendment supersedes all prior drafts
and communications with respect thereto. This Amendment may not be amended
except in accordance with the provisions of Section 10.01 of the Term Loan
Agreement.
(f) If any term or provision of this Amendment shall be deemed
prohibited by or invalid under any applicable law, such provision shall be
invalidated
3.
Source: ADVANCED MICRO DEVIC, 10-K405, March 21, 1996