AMD 2000 Annual Report Download - page 228

of the Operative Documents, (ii) filings of certificates or articles of
incorporation, registrations or qualifications of a foreign corporation or
similar corporate filings, and (iii) returns and filings with respect to taxes.
"Governmental Authority" means any nation or government, any state
----------------------
or other political subdivision thereof, any central bank (or similar monetary or
regulatory authority) thereof, any entity exercising executive, legislative,
judicial, regulatory, or administrative functions of or pertaining to
government, and any corporation or other entity owned or controlled, through
stock or capital ownership or otherwise, by any of the foregoing.
"Guarantors" means the Federal Republic of Germany and the Free
----------
State of Saxony in their respective capacities as guarantors pursuant to the
65/35 Burgschaft.
"Guaranty Decision" means the decision dated 2 July 1996 set out in
-----------------
Schedule 24 to the Loan Agreement concerning the guaranty application made by
-----------
AMD Saxonia, including the following documents:
(i) the specimen credit agreement F 13.09.1990 (1993 Edition)
Federal/State or THA
(ii) the General Terms and Conditions applicable to the assumption
of Guaranties by the Federal Republic of Germany and the
States of the Accession Territory (States) in the edition
dated F 04.01.1993 Federal/State, together with
(iii) Notes relating to applications for guaranties and loans of
the Treuhandanstalt Berlin and/or Federal and State
guaranties for projects in the Accession Territory in the
edition dated 1993 F 12.10.1990,
(iv) together with the Memorandum of Understanding ("Gemeinsame
Feststellungen") dated 19 February 1997, the Amendment
Decision of the Guarantors of 12 December 1997 and a letter
of confirmation from C&L Deutsche Revision AG dated 5 January
1998; and
(v) the letter from Deutsche Revision AG to Dresdner Kleinwort
Benson dated 17 November 2000.
"Indebtedness" of any Person, means, without duplication:
------------
(i) all obligations of such Person for borrowed money and all
obligations of such Person evidenced by bonds, debentures,
notes, or similar instruments;
(ii) all obligations, contingent or otherwise, relative to the
face amount of all letters of credit, guarantees, and
bankers' acceptances issued for the account of such Person,
whether or not drawn or paid;
14
Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001