AMD 2002 Annual Report Download - page 149

(vi) whether or not so included as liabilities in accordance with GAAP, all obligations of such Person to pay the deferred purchase price of property or
services, and indebtedness (including pre-paid interest thereon) secured by an Encumbrance on property owned or being purchased by such Person
(including indebtedness arising under conditional sales or other title retention agreements), whether or not such indebtedness shall have been
assumed by such Person or is limited in recourse; and
(vii) all Contingent Liabilities of such Person in respect of any of the foregoing.
For all purposes of this Agreement, the Indebtedness of any Person shall include the Indebtedness of any partnership or unincorporated joint venture
in which such Person is a general partner or a joint venturer, respectively.
“Information Memorandum” means the Information Memorandum, dated September 1996, entitled “AMD Saxony Manufacturing GmbH, Dresden: DM
1,650,000,000 Information Memorandum Limited Recourse Financing”, prepared and furnished by the AMD Companies to the Agent, for distribution to
prospective lenders under the Loan Agreement, as such Information Memorandum may at any time be amended or modified with the consent of each AMD
Company and in effect.
“Instructing Group” means in respect of any matter, the Banks whose votes are required to pass a resolution on such matter as determined in accordance
with§§ 22.5 and22.6 of the Loan Agreement.
“License Agreement” means the License Agreement, in the form set out inSchedule 38 to the Loan Agreement, between AMD Inc., AMD Holding, and
AMD Saxonia.
“Limited Partnership” means a limited partnership (Kommanditgesellschaft) under the laws of the Federal Republic of Germany.
“Loan Agreement” has the meaning assigned to that term in thesecond recital of this Agreement.
“Loan Agreement Effective Date” means the date specified by the Agent in a notice given to the parties hereto as being the first date on or as of which (i)
the Loan Agreement has been executed and delivered by each of the respective parties thereto, and (ii) the Agent has received each of the documents referred to
in§§ 5.1.1 to5.1.16 of the Loan Agreement, in each case in the form, and with the substance, specified therein.
“Loan Agreement Termination Date” has the meaning assigned to that term inSection 15.7.
“Management Plan” means the project concept attached asSchedule 14 to the Loan Agreement, as the same may from time to time be further amended or
modified by AMD Saxonia (with the consent of each Sponsor, whose consent will not be unreasonably delayed or withheld) in accordance with the terms of this
Agreement and the Loan Agreement and in effect.
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Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003