AMD 2000 Annual Report Download - page 226

"Encumbrance" means, (i) when used with reference to any Person
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organized and existing under the laws of the Federal Republic of Germany, any
security interest in property or in rights to secure payment of a debt or
performance of an obligation, including, but not limited to, mortgages
(Hypotheken), land charges (Grundschulden), annuity charges (Rentenschulden),
contractual and legal pledges (vertragliche und gesetzliche Pfandrechte)
including pledges or mortgages in favour of execution creditors
(Pfandungspfandrechte und Zwangshypotheken), transfers of title by way of
security (Sicherungsubereignungen), assignments of claims or other property or
rights by way of security (Sicherungsabtretungen und sonstige Ubertragungen von
Sachen oder Rechten zur Sicherung), retention of title arrangements
(Eigentumsvorbehalt) including extended retentions of title (erweiterter und
verlangerter Eigentumsvorbehalt), and any other priority or preferential
arrangement of any kind or nature whatsoever, and (ii) when used with reference
to any other Person, any security interest, mortgage, pledge, hypothecation,
assignment, deposit arrangement, encumbrance, lien (statutory or otherwise),
charge (including floating and fixed charges) against or interest in property to
secure payment of a debt or performance of an obligation, or other preferential
arrangement of any kind or nature whatsoever in respect of any property, but not
including the interest of a lessor under a lease which, in accordance with GAAP,
would be classified as an operating lease.
"Equipment Suppliers" means, collectively, each Person party to a
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contract or other agreement with AMD Saxonia in the capacity of a supplier of
fixed or tangible current assets for the Project; it being understood and agreed
that AMD Inc. or an Affiliate thereof (other than AMD Saxonia) may be an
Equipment Supplier.
"Equipment Supplier's Consent and Agreement" means, with respect to
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an Equipment Supplier, such Equipment Supplier's Consent and Agreement, in the
form set out in Schedule 40 to the Loan Agreement or Annex 3 to Schedule 49 or
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Annex 3 to Schedule 55 of the Loan Agreement, as the case may be, or in such
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other form as is consented to by the Security Agent, which pertains to a
Material Equipment Supply Contract or which is otherwise required pursuant to
the terms of the Loan Agreement or the Security Documents.
"Equipment Supply Contract" means each agreement (also in the form
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of an order) between AMD Saxonia and suppliers (including AMD Inc. or one of its
Affiliates) relating to the acquisition by, and delivery to, AMD Saxonia of
fixed or tangible current assets for the Project but excluding Excepted Software
Agreements.
"Equity Capital" means registered stated capital (Stammkapital).
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"Event of Default" means an event which would entitle the Banks to
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terminate their commitments and the loan facilities pursuant to (S) 21 of the
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Loan Agreement.
"Event of Termination" means any event which would entitle a party
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to an Operative Document to terminate such Operative Document in accordance with
the terms thereof; provided, however, that such event could reasonably be
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expected to have a material adverse consequence to the entirety of the
transactions contemplated by the Operative Documents.
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001