AMD 2002 Annual Report Download - page 145

“Design/Build Agreement” means the Design/Build Agreement for the construction of the Plant and the Design Center, in the form set out inSchedule 39
to the Loan Agreement, between the Contractor and AMD Saxonia.
“Design Center” means the research, design, and development facilities constructed or to be constructed by AMD Saxonia and integrated with the Plant for
the purpose of designing and developing a broad spectrum of state-of-the-art and other digital components such as micro-processors and circuits for the
telecommunications and multi-media sectors, and improvements thereof.
“Deutsche Mark Equivalent” means, with respect to any Class A Sponsors’ Loan, the amount, expressed in Deutsche Marks, which results from the
conversion of Dollars to Deutsche Marks at a spot rate of exchange equal to the greater of (i) DM 1.45 for $1.00 and (ii) the Agent’s spot rate of exchange,
expressed in Deutsche Marks, for the sale of Dollars for Deutsche Marks prevailing on the date two (2) Business Days prior to the date such Class A Sponsors’
Loan is or was due to be made.
“Deutsche Marks” and the sign “DM” mean lawful money of the Federal Republic of Germany from time to time.
“Disclosure Schedules” means the AMD Saxonia Disclosure Schedule and the Sponsors’ Disclosure Schedule, collectively.
“Dollars” and the sign “$” mean the lawful money of the United States of America from time to time.
“Dresdner” has the meaning assigned to that term in theintroduction to this Agreement.
“Encumbrance” means, (i) when used with reference to any Person organized and existing under the laws of the Federal Republic of Germany, any
security interest in property or in rights to secure payment of a debt or performance of an obligation, including, but not limited to, mortgages (Hypotheken), land
charges (Grundschulden), annuity charges (Rentenschulden), contractual and legal pledges (vertragliche und gesetzliche Pfandrechte) including pledges or
mortgages in favour of execution creditors (Pfändungspfandrechte und Zwangshypotheken), transfers of title by way of security (Sicherungsübereignungen),
assignments of claims or other property or rights by way of security (Sicherungsabtretungen und sonstige Übertragungen von Sachen oder Rechten zur
Sicherung), retention of title arrangements (Eigentumsvorbehalt) including extended retentions of title (erweiterter und verlängerter Eigentumsvorbehalt), and
any other priority or preferential arrangement of any kind or nature whatsoever, and (ii) when used with reference to any other Person, any security interest,
mortgage, pledge, hypothecation, assignment, deposit arrangement, encumbrance, lien (statutory or otherwise), charge (including floating and fixed charges)
against or interest in property to secure payment of a debt or performance of an obligation, or other preferential arrangement of any kind or nature whatsoever in
respect of any property, but not including the interest of a lessor under a lease which, in accordance with GAAP, would be classified as an operating lease.
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Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003