AMD 2002 Annual Report Download - page 146

“Equipment Suppliers” means, collectively, each Person party to a contract or other agreement with AMD Saxonia in the capacity of a supplier of fixed or
tangible current assets for the Project; it being understood and agreed that AMD Inc. or an Affiliate thereof (other than AMD Saxonia) may be an Equipment
Supplier.
“Equipment Supplier’s Consent and Agreement” means, with respect to an Equipment Supplier, such Equipment Supplier’s Consent and Agreement, in
the form set out inSchedule 40 to the Loan Agreement or Annex 3 toSchedule 49 or Annex 3 toSchedule 55 of the Loan Agreement, as the case may be, or in
such other form as is consented to by the Security Agent, which pertains to a Material Equipment Supply Contract or which is otherwise required pursuant to the
terms of the Loan Agreement or the Security Documents.
“Equipment Supply Contract” means each agreement (also in the form of an order) between AMD Saxonia and suppliers (including AMD Inc. or one of its
Affiliates) relating to the acquisition by, and delivery to, AMD Saxonia of fixed or tangible current assets for the Project but excluding Excepted Software
Agreements.
“Equity Capital” means (i) with respect to AMD Saxonia (a) at any time prior to the Conversion Effective Date, registered stated capital (Stammkapital)
and (b) at any time on or after the Conversion Effective Date, capital (Haftsummen and Pflichteinlagen) and (ii) with respect to AMD Holding registered stated
capital (Stammkapital).
“Euro” means the currency introduced at the start of the third stage of economic and monetary union pursuant to the treaty establishing the European
Community, as amended by the treaty on European Union effective January 1, 1999.
“Event of Default” means an event which would entitle the Banks to terminate their commitments and the loan facilities pursuant to § 21 of the Loan
Agreement.
“Event of Termination” means any event which would entitle a party to an Operative Document to terminate such Operative Document in accordance with
the terms thereof;provided,however, that such event could reasonably be expected to have a material adverse consequence to the entirety of the transactions
contemplated by the Operative Documents.
“Excepted Software Agreements” means software licences and software service agreements entered into by AMD Saxonia and which are used exclusively:
(i) for financial planning, business administration systems and similar ancillary administrative functions which are not linked or connected with (a) the
production process in the Plant; (b) general bookkeeping and invoicing; and (c) production planning; or
(ii) in the Design Center.
“Financing Documents” means, collectively, the Loan Agreement, this Agreement, the Amendment Agreements, the Sponsors’ Guaranty, the Sponsors’
Subordination Agreement, the AMD Inc. Subordination Agreement, the Sponsors’ Loan Agreement, the
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Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003