AMD 2000 Annual Report Download - page 179

(d) the Project Budget and the Project Schedule which may be
amended in accordance with the provisions of (S) 18.
(xii) agree to any changes to the articles of incorporation of AMD
Saxonia, in particular changes of its fiscal year, or grant any
general powers of attorney with respect to the business of AMD
Saxonia except as otherwise permitted in the Operative Documents;
(xiii) enter into any agreement compliance with which would be contrary
to any of the obligations of AMD Saxonia pursuant to the Operative
Documents;
(xiv) [left intentionally blank]
(xv) at any time during the currency of this Agreement manufacture in
any quarter microchip silicon wafers containing microprocessors
other than general purpose microprocessors and related products in
such number as would, prior to Completion, be in excess of 25% or
after Completion, be in excess of 35 % of all wafers produced by
AMD Saxonia during the relevant quarter.
17.16 AMD Saxonia undertakes until the satisfaction in full of all claims of
the Banks under this Agreement to ensure that the financial covenants set
out in Schedule 17 are complied with at all times and/or to the extent
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AMD Saxonia has no direct influence on compliance with such financial
covenants, to use its best endeavours to ensure that they are so complied
with.
17.17 AMD Saxonia undertakes to keep and maintain its fixed and current assets
exclusively within the area of the Plant and Design Center shown in
Schedules 44 and 45.
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17.18 [left intentionally blank]
17.19 AMD Saxonia undertakes, as a genuine contract for the direct benefit of
third parties, to permit an examination at any time by the Guarantor or
an authorised representative of the Guarantor as to whether there is any
possibility of a claim being made pursuant to the 65/35 Guaranty or as to
whether circumstances exist or have existed which would make such a claim
possible. AMD Saxonia furthermore undertakes (as a genuine contract for
the direct benefit of third parties) to provide to the Guarantors all
information requested by them in connection with the 65/35 Guaranty. AMD
Saxonia is aware that the examination and information rights referred to
above exist also in favour of the Banks, however, only to the extent such
documentation relates to the guaranteed Facilities. AMD Saxonia hereby
relieves and discharges the Banks from their duty of confidentiality as
against the Guarantors and their authorised representatives, to the
extent that the aforesaid rights in favour of the Banks are exercised.
AMD Saxonia undertakes, as a genuine contract for the direct benefit of
third parties, to bear the costs of all examinations by the Guarantors
referred to above.
17.20 [left intentionally blank]
46
Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001