AMD 2000 Annual Report Download - page 244

(a) for the purpose of determining whether the Sponsors have complied
with their obligations under Section 3.4, any Class C Sponsors'
-----------
Loans made in Deutsche Marks shall be deemed converted to Dollars
at the Agent's spot rate of exchange for the purchase of Dollars
with Deutsche Marks prevailing on the date two (2) Business Days
prior to the date such Class C Sponsors' Loans were made;
(b) if AMD Inc. and AMD Saxonia agree, any Class C Sponsors' Loans
may be denominated in Deutsche Marks but funded in Dollars and
the Deutsche Mark amount of such Class C Sponsors' Loans shall be
deemed to be the DM amount which is the equivalent of the Dollar
amount so funded determined at the Agent's spot rate of exchange
for the purchase of Dollars with Deutsche Marks prevailing on the
date two (2) Business Days prior to the date such Class C
Sponsors' Loans were made.
(vii) the Sponsors shall be relieved of their respective obligations to
make Class C Sponsors' Loans under Sections 3.1 and 3.4 if, but only
------------ ---
if:
(a) the Sponsors shall have complied with each of their respective
obligations under Article II and, insofar as such obligations
----------
relate to Class A Sponsors' Loans (or additional contributions to
Equity Capital or AMD Saxonia's capital reserves in lieu
thereof), this Article III; and
-----------
(b) following a demand for payment by the Agent under the Sponsors'
Guaranty, the Sponsors shall have paid all amounts payable under
the Sponsors' Guaranty.
(viii) the amounts set forth in this Section 3.1 are cumulative minimum
-----------
aggregate amounts for both Sponsors, collectively; nothing contained
herein shall be deemed to preclude the Sponsors (or either of them)
from making additional Sponsors' Loans in order to fulfil their
respective obligations contained in Article IV, V, VI, or VII, or for
---------- - -- ---
any other reason.
SECTION 3.2 Time of Class A Sponsors' Loans. The Class A Sponsors' Loans will
be made in cash and in Same Day Funds and will be made as follows:
(i) at least DM 145,000,000 (one hundred forty five million Deutsche
Marks) for all such Class A Sponsors' Loans, the exact amount thereof
being equal to the Deutsche Mark Equivalent of $100,000,000 (one
hundred million Dollars) for all such Class A Sponsors' Loans, by the
earlier to occur of:
(a) the acceleration of the Advances under the Loan Agreement
following the occurrence of an Event of Default (it being
understood and agreed that if, at the time of any such
acceleration, the Primary Secured Obligations are less than the
amount otherwise required to be lent to AMD Saxonia under this
Section 3.2(i), the amount of such Class A Sponsors' Loans shall
--------------
be an
30
Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001