AMD 2000 Annual Report Download - page 180

17.21 AMD Saxonia undertakes not to enter into any confidentiality and non-
competition undertakings with its employees, officers or contracting
parties other than in the form agreed with the Agent prior to entering
into this Agreement or save as may be otherwise agreed with the Agent.
17.22 AMD Saxonia will at the request of the Agent use its best endeavours to
obtain from any contracting parties a Consent and Agreement, to the
extent that such Consent and Agreement is not required to have been
already obtained, for contracts required to be assigned to the Banks in
accordance with this Agreement or the Security Documents, in the form set
out in Part II of Schedule 40 or such other form as shall have been
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consented to by the Agent, if the Agent deems the same to be necessary to
ensure the unrestricted continuation of the Project in the event of
enforcement of its security and AMD Saxonia does not demonstrate the
contrary and will make an offer to the Agent enabling it to assume the
contract in accordance with the provisions of (S) 3 of the Security
Document referred to in Schedule 49.
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17.23 AMD Saxonia will make borrowings under the Revolving Loan Facility
Agreement (in accordance with the terms thereof):
(i) as and to the extent necessary to comply at all times after 1 July
2001 with the Minimum Liquidity Covenant (taking into account cash
then on deposit in the Project Accounts and Cash Equivalent
Investments (under and as defined in Schedule 23) then held); and
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(ii) as and to the extent and at the times necessary such that AMD
Saxonia shall have sufficient funds to finance its general
corporate funding requirements, taking into account amounts then
available for drawing under Facility A hereunder and other amounts
then available to it, including without limitation amounts
theretofore paid to AMD Saxonia under the AMD Saxonia Wafer
Purchase Agreement.
AMD Saxonia undertakes not to reduce or agree to reduce the Total
Revolving Loan Commitment Amount to less than US$ 500,000,000 (five
hundred million US Dollars) without the consent of the Agent.
(S) 18
Project Budget; Project Schedule
18.1 Prior to Completion, the Project will be implemented pursuant to the
Project Budget and the Project Schedule.
18.2 Within fourteen (14) days after the end of each Project Phase described
in the Project Schedule, AMD Saxonia will furnish to the Agent the
Scheduled Project Phase Technical Completion Certificates signed by the
AMD Companies and the Technical Advisor in accordance with Schedules 9
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and 10 together with a confirmation pursuant to (S) 15.2. At the same
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time, AMD Saxonia will furnish an updated Management Plan
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001