AMD 2000 Annual Report Download - page 158

be paid on the last day of each calendar quarter or, if such day is not a
Banking Day, on the next succeeding Banking Day.
6.7 AMD Saxonia shall be in default (Verzug), without any requirement for
notice, if it has failed to make payments which are due hereunder on the
relevant due date or if it does not make such payments in full. AMD Saxonia
shall pay default interest on the outstanding amount of the overdue payment
at the rate equal to 4 percentage points per annum above the applicable
discount rate of the German Bundesbank, or the equivalent rate following
introduction of the single currency under European Monetary Union, from the
due date until receipt by the Paying Agent of the outstanding amounts.
Should there be no such rate following introduction of the single currency,
the Banks shall determine the applicable rate in accordance with (S) 315
BGB. If AMD Saxonia is in default of payment of interest, AMD Saxonia shall
pay to the Banks liquidated damages. The amount of such liquidated damages
shall correspond to a rate of interest of 4 percentage points above the
applicable discount rate of the German Bundesbank (or the equivalent rate
following introduction of the single currency under European Monetary
Union) from the due date until receipt by the Paying Agent of the overdue
interest amounts. Should there be no such rate following introduction of
the single currency, the Banks shall determine the applicable rate in
accordance with (S) 315 BGB.
6.8 AMD Saxonia agrees to pay to the Paying Agent for the account of each Bank
as from the date of execution of this Agreement until the end of the
availability period pursuant to (S) 4.2 a commitment fee at the rate of
0,2% per annum on such Bank's commitment of the unused portion of the
Facilities calculated on the basis of the actual days elapsed and on the
basis of a 360 day year. The commitment fee shall be calculated on a
quarterly basis and shall be payable at the end of each calendar quarter
for that quarter.
6.9 All payments to be made by AMD Saxonia to the Banks pursuant to the terms
of this Loan Agreement shall at all times be made to the Paying Agent's
account no. *** with Dresdner Bank in Frankfurt or such other account as
may be specified by the Paying Agent on the relevant due date. The Security
Agent is hereby also authorised to debit the relevant amounts due from AMD
Saxonia's account no. *** with the Security Agent in Dresden on or after
the due date and to pay the same to the Agent for distribution to the
individual Banks. Payments made otherwise than in accordance with this
provision shall not constitute good discharge in favour of AMD Saxonia.
6.10 AMD Saxonia shall not be entitled to assert any rights of set off or
retention against the claims of the Banks for payment hereunder.
(S) 7
Term and Repayment
7.1 The Facilities shall be for a term expiring on 31 December 2005.
7.2 The Facilities shall be amortized, commencing on 30 June 2001,
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*** CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISSION.
25
Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001