AMD 1997 Annual Report Download - page 188

ARTICLE I
Definitions
SECTION 1.1 Definitions. Capitalized terms not otherwise defined in this
Amendment are used with the definitions assigned to them in the AMD Saxonia
Wafer Purchase Agreement.
SECTION 1.2 Construction. In this Amendment, unless the context requires
otherwise, references to Sections and Exhibits are to Sections and Exhibits of
the AMD Saxonia Wafer Purchase Agreement. Section headings are inserted for
reference only and shall be ignored in construing this Amendment.
ARTICLE II
Amendments
SECTION 2.1 Amendment to Definitions. Section 1.01 (20) of the AMD Saxonia
Wafer Purchase Agreement is hereby amended by deleting it in its entirety and
replacing it with the following:
"(20) "ANTICIPATED CAPACITY" means,
(i) with respect to the Fiscal Year 2000, a capacity level of
104,000 Wafers per annum;
(ii) with respect to the Fiscal Year 2001, a capacity level of
215,000 Wafers per annum; and
(iii) with respect to any Fiscal Year thereafter, a capacity level of
250,000 Wafers per annum;
provided that in the event the Completion Date takes place other than on
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the first day of a Fiscal Year, the respective amount shall be reduced
proportionately according to the actual number of days during such 4
Quarter Period.
In the event that the capacity level at the Plant is changed in accordance
with the Approved Project Budget as defined in the Sponsors' Support
Agreement, the parties hereto shall meet and in good faith adjust the
Anticipated Capacity, if necessary to reflect such change, which shall have
effect from the date such change is made under the Sponsors' Support
Agreement."
SECTION 2.2 Amendment to Exhibits. The definition of "Anticipated Capacity"
in each of Footnote 1 in Exhibit I and Footnote 1 in Exhibit II to the AMD
Saxonia Wafer Purchase Agreement is hereby amended by, in each case, deleting it
in its entirety and replacing it with the following:
Source: ADVANCED MICRO DEVIC, 10-K405, March 03, 1998