AMD 2000 Annual Report Download - page 146

Financial Accounting Standards Board (or agencies with similar functions of
comparable stature and authority within the U.S. accounting profession),
which are applicable to the circumstances as of the date of determination.
1.2 The terms referred to in the introduction to this Agreement, in the
Preamble and in (S) 1.1 above shall, except where the context otherwise
requires, have the same meanings when used in this Agreement. Unless the
context requires otherwise, such terms shall also have such meanings when
used in agreements, written notifications, confirmations and other
documents which are issued pursuant to the terms of this Agreement. Unless
the context requires otherwise, any reference to an Operative Document or a
Project Agreement shall be a reference to such Document or Agreement as it
shall have been, or from time to time be, amended, varied, re-issued,
replaced, novated or supplemented, in each case, in accordance with its
terms and this Agreement.
(S) 2
Facilities
2.1 The Banks hereby agree to make available to AMD Saxonia a long term
investment loan in an amount of up to DM 1,500,000,000 (in words: one
billion five hundred million Deutsche Marks) (hereinafter "Facility A" or
the "Facilities", as the case may be). The Facilities will be made
available by each of the Banks in an amount corresponding to its commitment
as set out in Schedule 1, as amended.
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2.2 Each Bank shall make available its respective commitment under the
Facilities pursuant to (S) 2.1 and Schedule 1, separately and independently
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from each other Bank, through its Lending Office. AMD Saxonia may draw the
Facilities from all the Banks only in the proportion of their respective
commitments in accordance with (S) 2.1 and Schedule 1. No Bank shall be
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liable to provide or make available any advance in respect of amounts to be
provided or made available by the other Banks; any joint and several
liability of the Banks is hereby excluded. The Paying Agent shall be
obliged to distribute to AMD Saxonia the advances to be made by the other
Banks only to the extent that the Paying Agent has in fact received payment
of such advances. Each Bank shall have a claim against AMD Saxonia in the
amount of advances made by such Bank, secured pro rata by the security to
be granted in accordance with the terms and conditions of this Agreement.
2.3 The failure by any Bank to comply with its obligations under this Agreement
shall not affect either the enforceability of this Agreement as a whole or
the obligations of any other party. In such case, AMD Saxonia shall have a
claim solely against the defaulting Bank.
(S) 3
Purpose
3.1 Facility A shall be used only for the purpose of the partial financing of
the Project Costs. Utilisation of Facility A to finance Project Costs which
are not Capital Expenditure is
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001