AMD 2000 Annual Report Download - page 310

any such events in this clause (xi) for 90 days unless stayed, dismissed,
bonded or discharged; or
(xii) AMD Inc. having an order for relief entered with respect to it
or commence a voluntary case under any applicable bankruptcy, insolvency
or other similar law now or hereafter in effect, or consenting to the
entry of an order for relief in an involuntary case, or to the conversion
of an involuntary case to a voluntary case, under any such law, or
consenting to the appointment of or taking possession by a receiver,
trustee or other custodian for all or a substantial part of its property;
the making by AMD Inc. of any assignment for the benefit of creditors; or
the inability or failure by AMD Inc. or the admission by AMD Inc. in
writing of its inability to pay its debts as such debts become due; or the
Board of Directors of AMD Inc. (or any committee thereof) adopting any
resolution or otherwise authorizing action to approve any of the
foregoing.
Section 6.02. Rights Upon Termination.
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(a) Promptly, but in no event later than 20 days following the
Termination Date,
(i) the Selling Price Per Wafer for the Month ending on the
Termination Date shall be calculated in accordance with Section 3.03 of
the AMD Saxonia Wafer Purchase Agreement;
(ii) in the event that the Termination Date occurs before all of
the Excess Start-up Costs or the Start-up Cost Savings, whichever the case
may be, has been paid in accordance with Section 3.04 of the AMD Saxonia
Wafer Purchase Agreement, the amount of any unpaid Excess Start-up Costs
or Start-up Costs Savings shall be calculated in accordance with Section
3.04 of that Agreement;
(iii) if no Products were Shipped in the Month ending on the
Termination Date, the final Advance Payment Adjustment Amount for that
Month shall be calculated in accordance with Section 3.05 of the AMD
Saxonia Wafer Purchase Agreement;
(iv) Intentionally Deleted
(v) Intentionally Deleted
(vi) amounts payable by AMD Holding under Section 3.07 of the AMD
Saxonia Wafer Purchase Agreement shall be calculated in accordance with
the terms thereof; and the amounts payable by AMD Inc. under Section 3.10
shall be calculated in accordance with the terms thereof;
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Source: ADVANCED MICRO DEVIC, 10-K405, March 20, 2001