AMD 2000 Annual Report Download - page 240

"winding-up" includes any winding-up, liquidation, dissolution, or
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comparable process in any jurisdiction.
SECTION 1.4 Miscellaneous. In this Agreement, unless the context requires
otherwise, (i) any reference to an Operative Document shall be to such Operative
Document as the same may have been or from time to time may be amended, varied,
re-issued, replaced, novated or supplemented, in each case in accordance with
the terms thereof and hereof, and in effect; (ii) any statutory provisions shall
be construed as references to those provisions as amended, modified, re-enacted,
or replaced from time to time; (iii) words importing a gender include every
gender; (iv) references to Sections and Schedules are to Sections of and
Schedules to this Agreement; and (v) references to this Agreement include its
Schedules. Section headings are inserted for reference only and shall be ignored
in construing this Agreement. A time of day, unless otherwise specified, shall
be construed as a reference to Frankfurt am Main time.
ARTICLE II
Contribution of Equity Capital
SECTION 2.1 Undertaking to Contribute. AMD Holding hereby undertakes to
contribute to AMD Saxonia, and AMD Inc. hereby undertakes to cause AMD Holding
to so contribute to AMD Saxonia (and AMD Inc. shall, to the extent necessary,
contribute sufficient funds, or otherwise cause sufficient funds to be made
available, to AMD Holding as shall be necessary to enable AMD Holding to so
contribute to AMD Saxonia), Equity Capital at the times and in the amounts set
forth in Section 2.2. For the avoidance of doubt:
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(i) to the extent, but only to the extent, reflected in AMD Saxonia's
financial statements referred to in (S) 15.1.6 of the Loan
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Agreement (or, if not so reflected, as certified by AMD Inc. to the
Agent and the Security Agent as of the Loan Agreement Effective
Date), Equity Capital contributed by the Sponsors to AMD Saxonia
prior to the Loan Agreement Effective Date shall be taken into
account in determining whether the Sponsors shall have complied
with their obligations under this Article II;
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(ii) the obligations of the Sponsors contained in this Article II are in
addition to, and not in limitation of, their respective obligations
contained elsewhere in this Agreement and in the other Operative
Documents;
(iii) the Sponsors shall not be relieved of the foregoing obligations by
virtue of:
(a) any Sponsors' Loan made by either Sponsor pursuant to this
Agreement or the Sponsors' Loan Agreement or any Revolving
Loan made by either Sponsor pursuant to this Agreement or the
Revolving Loan Facility Agreement before or after the Loan
Agreement Effective Date, including without limitation, the
additional Sponsors' Loan in an amount of $34,000,000 made by
AMD Inc. to AMD Saxonia on 26 September 1997 and referred to
in Section 3.5 below; or
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001