AMD 2000 Annual Report Download - page 175

earthquake and floods, provided that it shall have first furnished to the
Agent confirmation with respect thereto in writing from a third party
(acceptable to the Agent) in form and substance satisfactory to the Banks
and the Guarantors. The persons referred to in Schedule 22 shall be named
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in all contracts of insurance as an additional insured and the Security
Agent as "loss payee" in accordance with Schedule 22. At the end of each
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financial year, AMD Saxonia will furnish to the Agent a complete list of
the above insurances for the next succeeding financial year giving the
details referred to in Schedule 22 together with confirmation from its
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insurance brokers and the Insurance Advisor that AMD's insurance cover
complies with the said requirements.
17.9 AMD Saxonia will construct the Plant and the Design Center in such a way
as will ensure that the Plans and Specifications are complied with.
17.10 AMD Saxonia will at all times ensure that it has obtained and/or taken
and will maintain and/or take on a timely basis all necessary
governmental approvals, permits and measures required for performance by
it of its obligations under the Operative Documents to which it is party.
17.11 AMD Saxonia will make payment of all fees and other amounts due in
connection with the 65/35 Guaranty promptly. The Guarantors through their
authorised representatives, C&L Deutsche Revision AG, Dusseldorf, are
entitled to payment of one-off and regular fees together with commitment
fees and processing fees in connection with the 65/35 Guaranty in
accordance with the following provisions (as a genuine contract for the
direct benefit of third parties):
(i) AMD Saxonia shall after acceptance, and for the duration, of the
65/35 Guaranty pay the following guaranty fees:
- on the issue of the guaranty commitment, 0.25 % of the maximum
guaranty amount in relation to the guaranteed indebtedness,
whereby the calculation of the fee will be determined in
accordance with the drawdowns (in accordance with Section 5 of
the Guaranty Decision) so that the fee due on the issue of the
documents relating the Guaranty Decision are calculated only by
reference to the first drawdown and the first fees due in respect
of the following drawdowns are due when such drawdowns are
included in the terms of the Guaranty and/or in the case of
special guaranty issues on the issue of the Guaranty.
- following the issue of the guaranty,on 1 April and 1 October of
each year in respect of each half year commencing on such dates,
0.25 % of the Guaranty amount outstanding at such times (the
maximum amount referred to in the Guaranty in respect of the
guaranteed indebtedness less payments of principal).
(ii) AMD Saxonia undertakes to pay the following amounts to the
Guarantors, in the event that the Guarantors shall so request:
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001