AMD 2000 Annual Report Download - page 232

"Minimum Liquidity Covenant" means the covenant described as
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(Mindestliquiditatskennzahl) in Schedule 17 to the Loan Agreement, pursuant to
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which AMD Saxonia has undertaken to ensure at all times from 1 July 2001 until
the payment in full of all Secured Obligations, the balance standing to the
credit of the Project Accounts shall be ***
"Minimum Liquidity Covenant Calculation Date" means, with effect
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from 1 July 2001:
(i) the date as of which the Minimum Liquidity Covenant is, or is
required to be, calculated in any certificate of compliance
furnished by AMD Saxonia pursuant to (S) 16.2.1 of the Loan
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Agreement;
(ii) the date so referred to in a confirmation relating to the
financial covenants given by the Auditor pursuant to
(S) 16.2.2 of the Loan Agreement; and
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(iii) each other date on which the Agent has reasonably requested a
calculation of the Minimum Liquidity Covenant to be made.
"Operative Documents" means, collectively, the Project Agreements,
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the Financing Documents, the AMD Inc. Primary Bank Credit Agreement, the AMD
Inc. Senior Secured Note Indenture, the Management Plan, each Project Budget,
each Project Schedule, each Approved Project Budget, each Approved Project
Schedule, the Information Memorandum, the Completion Certificates, and each
other instrument or document designated by the Agent (with the consent of each
AMD Company) as an Operative Document under and for purposes of this Agreement.
"Opinion Reservations" means limitations on the enforceability of
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legal documents as a matter of German law or the law of the United States of
America or one of its states and as incorporated as qualifications to an
enforceability opinion in the legal opinions delivered to and accepted by the
Agent under and pursuant to (S) 5.1.11 of the Loan Agreement.
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"Organizational Documents" means, with respect to any AMD Company,
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its certificate of incorporation, Memorandum and Articles of Association,
charter, by-laws, and (ex cept with respect to AMD Inc.) all shareholder
agreements, voting trusts, and similar arrangements applicable to any of its
authorised shares of capital stock.
"Paying Agent" has the meaning assigned to that term in the second
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recital of this Agreement.
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"Perform in Accordance with the Plans and Specifications" means, for
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purposes of the Technical Completion tests, and when used for the period from
and after Technical Completion, the performance by the Plant, on a substantially
continuous basis substantially as intended under normal operating conditions, of
the functions for which it was designed in accordance with the Plans and
Specifications. In order to certify that the Plant is capable of performing
substantially as intended under normal operating conditions, the Technical
Advisor will during normal operations of the Plant
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*** CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISSION.
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001