AMD 2000 Annual Report Download - page 149

(S) 5
Conditions to Drawing
5.1 Initial utilisation of the Facilities is subject to the satisfaction of
the conditions set out in (S) 4 and all the following conditions
(including those set out in (S) 5.2) at the date of the Drawdown Notice
and written confirmation from the Agent and/or the Paying Agent that it
has received a duly completed Drawdown Notice and confirmation from the
Agent that it has received the documents referred to in (S) 5.1.1 to
5.1.16.
5.1.1 Written confirmation of the Chief Financial Officer of AMD Inc. ***
5.1.2 Written confirmation from AMD Saxonia and AMD Inc. that as at the date of
the initial Drawdown Notice all material governmental approvals, consents
and measures which are necessary for the implementation and ongoing
operation of the Project in accordance with the Plans and Specifications
and the Operative Documents are available, or have been taken, as the
case may be, which, according to the progress of the Project are
appropriate and there is no reason to believe that the same will be
revoked, restricted or made subject to conditions or that governmental
approvals, consents and measures necessary at a later stage of the
Project will not be obtained or taken in a timely fashion. Schedule 20
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contains a list of all material approvals, consents and measures within
the meaning referred to above. To the extent applicable as aforesaid and
if any Bank should so reasonably require, AMD Saxonia shall furnish the
Agent with certified copies of all relevant documents required for the
performance of the Operative Documents, and of the governmental
approvals, consents and measures necessary for the operation of the
Fabrication Facility and the Design Center.
5.1.3 Confirmation from AMD Inc. that as at the date of the initial Drawdown
Notice all consents or approvals necessary from third party creditors in
relation to the indebtedness or contingent liabilities of AMD Inc. and in
relation to the execution, delivery and performance by each of the AMD
Companies of their existing obligations and the subject matter of the
Operative Documents have been obtained.
5.1.4 Receipt of an extract from the Land Register confirming that AMD Saxonia
has been registered in the Register as the owner of parcels referred to
as nos. Folio 851 parcels nos. 150/2, 121/2, 122, 123, 124, 125/2, 126,
127, 128/2, 129/3, 130, 131, 132, 133/1, 134, 135, 136, 137, 138, 139,
140, 141, 142, 143, 143a, 144, 145, 146, 147, 148, 149, 151/2, 152, 153,
154/2, 155, 156, 157, 158, 159, 160/1, 160/2, 161, 162, 694/1 in the
County Court of Dresden von Wilschdorf and that the land charge to be
granted in accordance with (S) 8.1.6 has been registered and that there
are no prior registered charges.
5.1.5 All fees to be borne by AMD Saxonia pursuant to this Agreement and the
other Operative Documents, to which the Agent, the Security Agent, the
Paying Agent or the Banks are party, and other payments relating to costs
incurred pursuant to (S) 25.1 which are due have been paid.
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*** CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISSION.
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001