AMD 2000 Annual Report Download - page 278

otherwise convey any right to receive income to secure any obligation,
except (1) as contemplated by the AMD Holding Security Documents, and
(2) for Permitted Encumbrances.
(iv) create, incur, assume, or suffer to exist any Indebtedness, whether
current or funded, except current accounts and other amounts payable
in the ordinary course of business, and except to the extent
contemplated by the Operative Documents.
(v) create, incur, assume, or suffer to exist any obligations as lessee
for the rental or hire of real or personal property of any kind
whatsoever.
(vi) assume, guarantee, or endorse, or otherwise become directly or
contingently liable in respect of, any obligation of any Person,
except pursuant to the Operative Documents to which it is a party.
(vii) merge with or into or consolidate with any Person, or, acquire,
lease, or purchase, all or substantially all of the assets or stock of
any class of, or any partnership or joint venture interest in, any
Person, or create or acquire any Subsidiary, except for the
acquisition of AMD Saxonia.
(viii) sell, lease, assign, transfer, or otherwise dispose of any of its
assets, including its accounts receivable, except as contemplated by
the Operative Documents; or issue or sell any shares of any class of
its capital stock to any Person except to AMD Inc.
(ix) make any loan or advance or extend any credit to any Person other than
AMD Saxonia or as contemplated by the AMD Holding Wafer Purchase
Agreement, or purchase or otherwise acquire the capital stock or
obligation of, or any investment in, any Person other than AMD
Saxonia, in each case other than Cash Equivalent Investments which
have been pledged to the Security Agent pursuant to the AMD Holding
Security Documents.
(x) apply for or become liable with respect to any letter of credit or
acceptance financing; or enter into or become liable with respect to
any interest or currency swap, hedge, exchange, or other similar
obligation.
(xi) purchase any shares of any Person, other than AMD Saxonia, or redeem
any of its shares, declare or pay any dividend thereon or make any
distribution to its shareholders, except for any such redemption or
distribution made as a result of the transactions contemplated by
Section 6.3.
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(xii) except as provided in the Management Service Agreement, pay any
salary, compensation, or bonus of any character to any officer,
director, or employee of AMD Holding or any Affiliate thereof or
provide any such Person with any medical, surgical, dental, hospital,
disability, unemployment, retirement, pension, vacation, or insurance
benefit of any kind or adopt, establish, or maintain any plan, fund,
or program to provide any such benefit.
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001