AMD 2000 Annual Report Download - page 177

17.15 AMD Saxonia undertakes that, until satisfaction in full of all claims of
the Banks under this Agreement, it will not, without the consent of the
Agent and, in the case of (ii), (v), (ix) and (x) without the consent of
the Guarantors:
(i) grant in favour of third parties any security as security for its
own obligations or those of a third party save as contemplated or
permitted by the Operative Documents and save for customary
retention of title rights in favour of suppliers permitted
pursuant to (S) 17.13. AMD Saxonia's right to further encumber
real property already subject to land charges in favour of the
Banks shall remain unaffected ((S) 1136 BGB);
(ii) incur indebtedness for borrowed money or incur liabilities save
for such liabilities contemplated in the Operative Documents and
liabilities in the ordinary course of business;
(iii) save in respect of the lease agreement in respect of premises at
Washingtonstrasse 16 A/B, 01139 Dresden, dated 7/13.08.1996
entered into with Siemens Technopark GmbH Dresden & Co.
Grundstucksverwaltung OHG or any extension thereof, incur any
other obligations as lessee, save to the extent that such
obligations arise under agreements entered into in the ordinary
course of business in connection with the operation of the
Fabrication Facility and of the Design Center and do not exceed in
aggregate more than DM 50,000,000;
(iv) establish any subsidiaries or acquire interests in any other
undertakings or enter into any merger agreements;
(v) dispose of any assets or rights and/or remove such assets from the
location of the Fabrication Facility and the Design Center save to
the extent (a) contemplated by and permitted in the Operative
Documents (b) the disposal is of assets replaced by assets of at
least equal or greater cost in the ordinary course of business
which are acquired within six months of the sale of the original
assets (or such longer period as is reasonably necessary in the
light of the market availability of the relevant asset and
provided that AMD Saxonia has entered into contractually binding
agreements for the replacement of the original assets within three
months of the sale of such assets), or (c) the aggregate book
value of which does not exceed DM 25,000,000 in any calendar year
or (d) the disposal is of assets with an individual acquisition
cost of less than DM 50,000 or of stores supplies in the ordinary
course of business;
(vi) make any loans to or deposit funds with any third party, purchase
or acquire securities or other financial instruments, save to the
extent the same:
(a) are assets held in the bank accounts charged pursuant to (S)
8 or such other accounts opened with the consent of the
Agent, which are charged to the Banks,
(b) constitute trade credit,
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001