AMD 2000 Annual Report Download - page 148

(i) written confirmation of the Managing Directors (Geschaftsfuhrung)
of AMD Saxonia and an authorised representative of AMD Inc. that
the conditions precedent referred to in (S)(S) 5.2.2 to 5.2.4 with
respect to it have been satisfied at the time of the Drawdown
Notice;
(ii) in respect of drawdowns requested prior to Completion only, unless
the Agent has waived the same, copies of invoices and a description
in reasonable detail of the deliveries and services performed in
respect of amounts which are at least equal to the amount proposed
to be drawn. Project Costs which are not Capital Expenditure may be
supported by evidence other than invoices, in such form as is
reasonably satisfactory to the Agent;
(iii) in respect of drawdowns requested prior to Completion only, written
confirmation of the Auditor that the amounts invoiced are, or were,
to the extent already paid, due and any contractually agreed
retentions and other deductions, such as discounts, have been
deducted in each case, in the form set out in Schedule 21, as
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amended.
Amounts drawn and subsequently repaid may not be reborrowed.
4.1.2 [left intentionally blank]
4.1.3 [left intentionally blank]
4.2 Drawings of the Facilities are not permitted after 29 June 2001.
4.3 Drawings under the Facilities shall be permitted only to the extent that
the making of an advance would not result in the total amount advanced by
the Banks exceeding by more than three times the total amount paid up on
the ordinary share capital of AMD Saxonia and the total amount of
subordinated loans advanced to AMD Saxonia (but excluding, for this
purpose, Revolving Loans) and/or cash contributions made to the reserves
and not repaid in accordance with Section 6.3 second sentence of the
Sponsors' Support Agreement and used for Project Costs.
4.4 Advances under the Facilities will be made available to AMD Saxonia by
the Paying Agent crediting AMD Saxonia's *** with the Agent.
4.5 The Banks shall be entitled to reject Drawdown Notices from AMD Saxonia
if and to the extent that AMD Saxonia has assigned or charged its claims
under this Agreement to any third party or if such claims have been
subject to an attachment order without the consent of the Banks or if AMD
Saxonia is in default in the payment of any amount due or is in breach of
a material obligation, under this Agreement.
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*** CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISSION.
15
Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001