AMD 2000 Annual Report Download - page 178

(c) constitute the payment of amounts due under the AMD Saxonia
Wafer Purchase Agreement in respect of deliveries
thereunder, or
(d) are bona fide employee loans which are in aggregate not in
excess of DM 5,000,000,
(e) relate to the payment of amounts in respect of AMD Saxonia's
stated capital which shall be transferred promptly to a
Project Account pursuant to (S) 19, or
(f) are (for the avoidance of doubt) employee salary funds
withheld by AMD Saxonia for employees to acquire stock of
AMD Inc. in connection with an employee stock purchase plan;
(vii) make any payments of dividends or other repayment of capital to AMD
Holding or to make any other payment AMD Inc. or to any affiliate of
AMD Inc., save to the extent such payments are permitted pursuant to
Section 3 of the Sponsors' Subordination Agreement, in the form set
out in Schedule 30 or Section 6.3 of the Sponsors' Support
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Agreement;
(viii) make payments pursuant to the Operative Documents (and, in
particular, not to make any repayment of interest or principal on
the Sponsors' Loan) save in accordance with the terms of such
Operative Documents;
(ix) undertake only business compatible with the purpose set out in the
first paragraph of the preamble to this Agreement;
(x) incur any expenditure (including Capital Expenditure) which is not
of the type contemplated in the Operative Documents and which is not
incurred in the ordinary course of business;
(xi) terminate or amend any of the Operative Documents, save for
(a) Equipment Supply Contracts which are not Material Equipment
Supply Contracts;
(b) Service Contracts which are not Material Service Contracts;
(c) amendments to the agreement set out in Schedule 39
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(Design/Build Agreement), the Material Equipment Supply
Contracts, the Material Service Contracts and the Plans and
Specifications which adversely affect the value of the
Project, the Fabrication Plant and the Design Center or
their purpose, or the production capacity or other
characteristics required or agreed in the AMD Saxonia Wafer
Purchase Agreement in a manner which is immaterial only and
which are in accordance with the Project Budget and the
Project Schedule are however permitted without the consent
of the Banks;
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001