AMD 1998 Annual Report Download - page 184

successors and assigns, including without limitation (a) any person who shall
obtain, directly or by assignment or conveyance, any interest in the Security
Instrument and any person who shall obtain any interest in the Property, whether
through foreclosure or otherwise. As used herein the term "TENANT" shall include
Tenant, its successors and assigns; the words "FORECLOSURE" and 'FORECLOSURE
SALE" as used herein shall be deemed to include the acquisition of Landlord's
estate in the Property by voluntary deed (or assignment) in lieu of foreclosure;
and the word "LENDER" shall include Lender herein specifically named and any of
its successors and assigns, including anyone who shall have succeeded to
Landlord's interest in the Property by, through or under foreclosure of the
Security Instrument.
11. ENTIRE AGREEMENT. This Agreement shall be the whole and only agreement
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between the parties hereto with regard to the subordination of the Lease and
leasehold interest of Tenant to the Security Instrument in favor of Lender, and,
with respect to Lender and Tenant only, shall supersede and cancel any prior
agreements as to such, or any, subordination, including, but not limited to,
those provisions, if any, contained in the Lease, which provide for the
subordination of the Lease and leasehold interest of Tenant to a deed or deeds
of trust or to a Security Instrument of Security Instruments to be thereafter
executed, and shall not be modified or amended except in writing signed by all
parties hereto.
12. CONSIDERATION. Tenant declares, agrees and acknowledges that it
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intentionally and unconditionally waives, relinquishes and subordinates the
Lease and leasehold interest in favor of the Security Instrument above mentioned
to the extent set forth in this Agreement, and, in consideration of this waiver,
relinquishment and subordination, specific loans and advances are being and will
be made and, as part and parcel thereof, specific monetary and other obligations
are being and will be entered into which would not be made or entered into but
for said reliance upon this waiver, relinquishment and subordination. Lender
acknowledges and agrees that Tenant is relying on the agreements and obligations
of Lender hereunder in executing this Agreement.
13. INVALIDITY OR UNENFORCEABILITY. If any term, covenant or condition of
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this Agreement is held to be invalid, illegal or unenforceable in any respect,
this Agreement shall be construed without such provision.
14. NUMBER AND GENDER. The use of the neuter gender in this Agreement
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shall be deemed to include any other gender, and words in the singular number
shall be held to include the plural, when the sense requires.
15. COUNTERPARTS. This Agreement may be executed in one or more
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counterparts each of which shall be deemed to be an original and all of which,
when taken together, shall be deemed one and the same document.
16. NOTICE. Any notice required or allowed by this Agreement shall be in
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writing and shall be (i) hand-delivered, effective upon receipt, or (ii) sent by
United States Express Mail or by private overnight courier, effective upon
receipt, or (iii) served by certified mail, postage prepaid, return receipt
requested, deemed effective on the day of actual delivery as shown by the
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Source: ADVANCED MICRO DEVIC, 10-K, March 29, 1999