AMD 2000 Annual Report Download - page 186

investments subsidies or other material state assistance is not
available in the amount promised and AMD Inc. does not make
available compensation pursuant to the Operative Documents, or AMD
Saxonia, AMD Holding or AMD Inc. breaches the terms and conditions
of other state assistance material to the Project and as a result
thereof it is likely that the same will not be available in their
full amount or are revoked or cancelled;
(xxv) [left intentionally blank]
(xxvi) any of financial covenants set out in Schedule 17 are not complied
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with;
(xxvii) the Agent becomes aware that AMD Saxonia has breached any other
material contractual obligations;
(xxviii) other circumstances occur or become known which may prejudice the
ability of AMD Saxonia to repay the Facility;
(xxix) the Agent has not received by 31 March 2000 written confirmation
from the Technical Advisor to the effect that the conditions
required for Completion in the Technical Completion Certificate
(Technical Advisor) as set out in Schedule 10 can be satisfied
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prior to 31 December 2000.
The Banks shall not be entitled to rely upon any of the aforesaid events if the
circumstances giving rise thereto have been remedied within ten (10) Banking
Days following receipt of written notice from the Agent. This shall not apply to
the events referred to in (i), (ii), (iii), (viii) (ix), (x), (xiii), (xiv),
(xvii), (xviii), (xx), (xxi), (xxii), (xxvi) above. The Agent will consult with
the Guarantors before terminating on the grounds of the Events of Default
referred to in (viii) and (xv) and (xxiii). Termination on the grounds of the
Event of Default referred to in (xxv) is permitted only in agreement with the
Guarantors.
(S) 22
Agency Provisions
22.1 The Banks have agreed to participate in the profits and risks of the
Facilities in the form of a disclosed consortium. Any joint and several
liability, the Banks is excluded; each Bank is liable only for the relevant
commitment undertaken by it pursuant to (S) 2 and Schedule 1. Each Bank
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shall immediately inform the Agent in respect of any breach of the
Operative Documents of which it becomes aware. A corresponding obligation
shall apply to the Agent in the performance of its duties pursuant to (S)
22.3.
22.2 The Agent is acting on behalf of the Banks under this Agreement. The Banks
hereby appoint the Agent to act on their behalf as Agent in relation to the
rights and obligations of the Banks under this Agreement, with exception of
rights and obligations pursuant to (S) 24, and the other Operative
Documents pursuant to the terms thereof under the following terms and
conditions. Each of the Banks hereby irrevocably authorizes the Agent to
give on their behalf all contractually binding declarations in connection
with
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001