AMD 2002 Annual Report Download - page 142

not to be unreasonably withheld or delayed) and the Agent (which may, in its sole discretion, consult with the Technical Advisor and the Banks’
Auditor) in accordance with§ 18.2 of the Loan Agreement.
The initial Approved Project Schedule and (subject to the requirements ofSection 13.1(i)(d)(y)(2)) each subsequent Approved Project Schedule
from time to time in effect shall itemise, separately from the other information set forth therein, and on a Project Phase by Project Phase basis, the
then anticipated date for completing each then uncompleted Project Phase and for achieving Completion. All references herein to the Approved
Project Schedule shall, at any time, refer to the Approved Project Schedule as then in effect.
“Assignment and Trust Agreement” means the agreement referred to in (ix) of the definition of Conversion Documents.
“Auditor” means Ernst & Young Wirtschaftsprüfungsgesellschaft mbH or such other firm of auditors charged with duties relating to the Project as may be
appointed by AMD Saxonia with the consent of the Agent, such consent not to be unreasonably delayed or withheld.
“Available Tranche A Amount” means, on any date, the excess, if any, of:
(i) the Total Tranche A Commitment Amount on such date;
over
(ii) the aggregate unpaid principal amount of all Tranche A Advances outstanding on such date.
“Bank” and “Banks” have the respective meanings assigned to those terms in thesecond recital of this Agreement.
“Banks’ Auditor” means BDO Deutsche Warentreuhand AG Wirtschafts-prüfungsgesellschaft or such other firm of auditors charged with duties relating
to the Project as may be appointed by the Banks with the consent of AMD Saxonia, such consent not to be unreasonably delayed or withheld.
“Business Day” means any day of the year on which banks are generally open for business in London, Frankfurt am Main, Dresden, Luxembourg and, to
the extent the same relates to any obligation to be performed by AMD Inc. or AMD Saxony LLC, San Francisco.
“Capital Expenditure” means all acquisition or manufacturing costs in respect of fixed and movable assets in accordance with § 266 2 A II of the
Commercial Code and all acquisition costs for intangible assets in accordance with § 266 2 A I of the Commercial Code, to the extent the same have a useful
operational life of more than one year (not being expenditures chargeable to the profit and loss account).
“Capitalised Lease Liabilities” means, with respect to any Person, all monetary obligations of such Person under any leasing or similar arrangement which,
in accordance with
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Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003