AMD 2000 Annual Report Download - page 164

Following receipt of such notification no further advances may be made
until an alternative method of calculation pursuant to (S) 10.2 is agreed
upon or such notice is revoked by further notification from the Paying
Agent to AMD Saxonia and the Banks.
10.2 As soon as notification pursuant to (S) 10.1 has been made, AMD Saxonia and
the Paying Agent, in coordination with the Banks, will negotiate in good
faith for a maximum period of thirty days with a view to setting an
alternative method of refinancing the affected advances as well as the
applicable interest rate, the interest period and the payment dates. To the
extent that instead of a LIBOR rate, a reference rate can be determined or
instead of a reference rate, a LIBOR rate can be determined, AMD Saxonia
shall be entitled to require that the rate which is available shall apply
to the relevant advance. If agreement as to the alternative interest rate
is reached between the Banks and AMD, the alternative calculation method
agreed shall apply for all relevant advances. If no agreement in respect of
an alternative method of calculation is achieved within thirty days and
agreed upon in writing or if AMD Saxonia does not require an alternative
available Reference Rate or LIBOR-Rate, the following shall apply:
(i) to the extent that the Facilities have not been drawn, no drawing will
be permitted. AMD Saxonia shall then be obliged to pay immediately all
amounts due to the Paying Agent for distribution to the Banks pursuant
to the terms of this Agreement;
(ii) to the extent that the Facilities have already been drawn, AMD Saxonia
and the Agent (in consultation with the Paying Agent) may determine a
repayment date for the entire outstanding amount of the Facilities
affected of not less than thirty days. Repayment shall be effected on
such day together with interest in an amount equivalent to the costs
of the Banks of making or maintaining their respective participations
in the relevant advance for such interest period together with the
margin to the Paying Agent for distribution to the Banks. In the event
that such costs of the Banks cannot be determined, the applicable rate
shall be determined in accordance with (S) 315 BGB.
(S) 11
Increased Costs
11.1 If a Bank or its Lending Office determines that the introduction of or a
change of any law applicable to it or change in interpretation of any such
law or the application or compliance with any regulation of any public body
results or will result:
(i) in the affected Bank being obliged to pay any tax or other payment
relating to any advance made by it or to any payment to be made by AMD
Saxonia to it, or
(ii) the affected Bank being subject to any other measure which leads to an
increase in the costs of that Bank in funding advances or that the
amount or the effective return in relation to any payment which the
affected Bank receives pursuant to this Agreement is reduced, or
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001