AMD 2000 Annual Report Download - page 147

permitted only up to a maximum amount of DM 100,000,000 and only in
respect of costs incurred before 1 January 1999.
3.2 The use and source of funds in respect of each Project Phase shall be
evidenced by furnishing to the Agent a statement of the use and source of
funds, in the form set out in Schedule 16, certified by the Auditor, such
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statement to be delivered simultaneously with the Scheduled Project Phase
Technical Completion Certificates pursuant to Schedules 9 and 10 for the
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relevant Project Phase and in any event promptly after the expiry of each
calendar quarter, save as may, in individual cases, be otherwise agreed
with the Agent.
(S) 4
Utilisation of the Facilities
4.1 To the extent that all the conditions precedent set out in (S)5 are
satisfied, the Facilities may be drawn on and subject to the following
terms and conditions by the delivery to the Paying Agent, with a copy to
the Agent, of a written Drawdown Notice to be received by the Paying
Agent, in the case of the first Drawdown Notice at least ten (10) Banking
Days before the drawdown date and, in the case of any other Drawdown
Notice five (5) Banking Days before the drawdown date, set out in such
notice:
4.1.1 Facility A
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Prior to Completion, advances shall be made up to the cumulative limit in
each Project Phase set out in the Drawdown Schedule in accordance with
the Project Schedule. Such limit and any advances drawn after Completion
shall not, however, without the prior written consent of the Guarantors,
be greater than the maximum guaranty amount for any calendar year
prescribed by the Guarantors pursuant to Schedule 63. Advances shall be
in minimum amounts of DM 15,000,000 and in integral multiples of DM
5,000,000 or in an equal amount to the undrawn portion of Facility A. No
more than one advance may be made in any calendar month.
Drawdowns in any Project Phase are permitted only in the amount of
Project Costs which have been incurred during the same Project Phase, as
the same are documented by invoices and other supporting evidence to be
furnished together with the Drawdown Notice, as required below. Drawdowns
in a current Project Phase are however permitted in respect of Project
Costs which are shown to have been incurred in respect of an invoice for
goods or services performed or delivered, submitted in the last thirty
days prior to the end of a prior Project Phase and which have been
included in full in the first Drawdown Notice of such current Project
Phase. The preceding two sentences shall not apply to drawdowns requested
following Completion.
Drawdown Notices, and the confirmation contained therein from AMD Saxonia
in the form set out in Schedule 3, shall be furnished to the Agent and
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the Paying Agent at the same time. The following documents shall be
furnished to the Agent together with relevant Drawdown Notice:
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001