AMD 2000 Annual Report Download - page 176

- on any extension of the guaranty commitment, a commitment fee up
to an amount of 0.25 % of the extended guaranty commitment,
- in the event of material amendments to a guaranty which has been
approved but not yet issued, a processing fee in an amount of up
to DM 25,000;
(iii) the processing fee for material amendments to an approved but
unissued guaranty is payable to C&L Deutsche Revision AG,
Dusseldorf to its Acount No. 31 308 12, Westdeutsche Landesbank
Girozentrale, Dusseldorf. Other current fees together with the
commitment fee are payable to C&L Treuarbeit Deutsche Revision AG,
Dusseldorf to their trust account "Bundesminister der Finanzen"
Account No.: 30 151 12 at Westdeutsche Landesbank Girozentrale,
Dusseldorf quoting the reference number of the guaranty.
17.12 AMD Saxonia undertakes to comply with and to fullfill all covenants and
other ancillary requirements applicable to it in connection with the
grant of the subsidies. This obligation applies in particular to
covenants and ancillary requirements which are dealt with in the SAB/
Dresdner Subsidy Agreement and the AMD/Dresdner Subsidy Agreement
together with the schedules to these documents. AMD Saxonia also
undertakes to ensure that AMD Companies undertake all steps applicable to
them under the covenants and other ancillary requirements in connection
with the subsidies. AMD Saxonia undertakes futhermore to ensure that all
obligations undertaken by it in connection with the granting of other
state aid (in particular investment allowances) are fulfilled.
17.13 AMD Saxonia undertakes to enter into the Equipment Supply Contracts and
Service Supply Contracts in accordance with the timetable set out in the
Project Schedule and to ensure that equipment or goods delivered pursuant
thereto are subject to retention of title only to the extent customary
and in the ordinary course of business. AMD Saxonia will use its best
endeavours to ensure that retention of title arrangements are not entered
into with material suppliers and in any event that no current account,
group or extended or prolonged retention of title agreements are entered
into. The Equipment Supply Contracts entered into by AMD Saxonia shall
not in the aggregate require the making of advance payments by AMD
Saxonia in excess of an aggregate amount of DM 20,000,000.
17.14 AMD Saxonia undertakes to hedge at least 50 % of all variable interest
rate advances with interest rate caps with the Agent or other Banks and
to inform the Paying Agent thereof. Any advances for which AMD Saxonia
has elected a fixed interest rate pursuant to (S) 6.3 shall be deemed
hedged for the purposes of this (S) 17.14. All rights arising out of
contracts entered into by AMD Saxonia to hedge interest rate shall be
assigned to the Security Agent in accordance with the Global Assignment
in the form set out in Schedule 47; to the extent an assignment is not
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possible, the Banks shall be granted other appropriate security rights.
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001