AMD 2000 Annual Report Download - page 227

"Excepted Software Agreements" means software licences and software
----------------------------
service agreements entered into by AMD Saxonia and which are used exclusively:
(i) for financial planning, business administration systems and
similar ancillary administrative functions which are not
linked or connected with (a) the production process in the
Plant; (b) general bookkeeping and invoicing; and (c)
production planning); or
(ii) in the Design Center.
"Financing Documents" means, collectively, the Loan Agreement, this
-------------------
Agreement, the Sponsors' Guaranty, the Sponsors' Subordination Agreement, the
AMD Inc. Subordination Agreement, the Sponsors' Loan Agreement, the Revolving
Loan Facility Agreement, the AMD Saxonia/Dresdner Subsidy Agreement, the
SAB/Dresdner Subsidy Agreement, the 65/35 Burgschaft, the AMD Saxonia Hedging
Contract, the Security Documents, each Consent and Agreement, and each other
instrument or document designated by the Agent (with the consent of each AMD
Company) as a Financing Document under and for purposes of this Agreement.
"Fiscal Month" means any fiscal month of a Fiscal Year.
------------
"Fiscal Quarter" means any fiscal quarter of a Fiscal Year.
--------------
"Fiscal Year" means any period of approximately 12 consecutive
-----------
calendar months ending on the last Sunday in December; references to a Fiscal
Year with a number corresponding to any calendar year (e.g., the "1997 Fiscal
Year") refer to the Fiscal Year ending on the last Sunday in December occurring
during such calendar year.
"GAAP" means, (x) in the case of AMD Saxonia or AMD Holding or its
----
respective financial statements, those generally accepted accounting principles
in general use by the accounting profession (Grundsatze ordnungsgemasser
Buchfuhrung und Bilanzierung) and in effect on the Loan Agreement Effective
Date in Germany (it being expressly understood and agreed that AMD Saxonia's and
AMD Holding's monthly and quarterly financial statements shall be prepared on
the basis of a Fiscal Month or a Fiscal Quarter (rather than on the basis of a
calendar month or a calendar quarter, as the case may be), but shall be
reconciled on an annual basis), and (y) in the case of AMD Inc. or its financial
statements, generally accepted accounting principles set forth from time to time
in the opinions and pronouncements of the Accounting Principles Board and the
American Institute of Certified Public Accountants and statements and
pronouncements of the Financial Accounting Standards Board (or agencies with
similar functions of comparable stature and authority within the U.S. accounting
profession), which are applicable to the circumstances as of the date of
determination.
"Governmental Approvals" means each and every authorization,
----------------------
consent, approval, licence, permit, franchise, certificate, exemption or order
of or filing or registration with, any Governmental Authority or legal or
regulatory body, federal, state, local or foreign except for (i) routine or
periodic information reports which, if not filed, would not in any case or in
the aggregate, adversely affect the due authorization, execution, delivery,
validity, legality, or enforceability of any
13
Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001