AMD 2000 Annual Report Download - page 251

in either case in an aggregate amount (and, if the Subsidies have not yet been
provided, as and when the Subsidies, but for such breach, would have otherwise
been provided) equal to the Shortfall.
For the avoidance of doubt:
(i) the obligations of the Sponsors contained in this Article VI are in
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addition to, and not in limitation of, their obligations contained
elsewhere in this Agreement and in the other Operative Documents, and
shall survive Completion; and
(ii) the Sponsors shall not be relieved of the foregoing obligations by
virtue of:
(a) any prior Sponsors' Loans made by the Sponsors (or either of
them), 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 above and the
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Class C Sponsors' Loan in an amount of $ 70,000,000 made by AMD
Inc. to AMD Saxonia on 30 June 1999 and referred to in Section
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3.4 above;
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(b) any prior contributions of Equity Capital (or other contributions
to AMD Saxonia's capital reserves) by AMD Holding;
(c) any prior Revolving Loans made by the Sponsors (or either of
them); or
(d) any payment made by either Sponsor under the Sponsors' Guaranty;
provided, however, that the Sponsors shall have no liability as aforesaid in
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respect of any Subsidies which fail to be provided at any time after the
foreclosure by the Security Agent upon any security provided by the Security
Documents, unless such failure is attributable to any such breach by AMD Inc. or
any of its Affiliates (other than AMD Saxonia or AMD Holding, if then Affiliates
of AMD Inc.) occurring after such foreclosure.
SECTION 6.3 Bridging of AMD Saxonia's Receipt of the Subsidies.
(a) It is understood and agreed that the Sponsors (jointly and
severally) will, in the case of AMD Holding, contribute Equity
Capital (or other contributions to AMD Saxonia's capital
reserves), or, in the case of either Sponsor, make Sponsors'
Loans, to AMD Saxonia, in either case as and to the extent that
AMD Saxonia requires such funds prior to and in anticipation of
its receipt of the Subsidies. If any such contribution or
Sponsors' Loan is made for such purpose prior to AMD Saxonia's
receipt of the Subsidies (or any portion thereof) then, to the
extent that AMD Saxonia subsequently receives the proceeds of
such Subsidies, and provided that no Event of Default, Unmatured
Event of Default or Event of Termination shall have occurred and
be continuing, AMD Saxonia shall, to the extent permitted by
applicable law, repay Sponsors' Loans to the extent of the
aggregate amount of the proceeds of the Subsidy so received, but
without interest.
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001