AMD 2002 Annual Report Download - page 151

(i) total (gross) revenues for the preceding four Fiscal Quarter period in excess of 5% of gross revenues for AMD Inc. and its Subsidiaries on a
consolidated basis for such period, or
(ii) total assets, as of the last day of the preceding Fiscal Quarter, having a net book value in excess of 5% of total assets for AMD Inc. and its
Subsidiaries on a consolidated basis as of such date,
in each case, based on the then most recent annual or quarterly financial statements delivered to the Agent hereunder; provided,however, that AMD
Saxonia, AMD Saxony LLC, AMD Holding and AMD Admin shall, for purposes of this Agreement, each be deemed to be a Material AMD Inc.
Subsidiary.
“Material Equipment Supply Contract” means each Equipment Supply Contract:
(i) pursuant to which AMD Saxonia incurs obligations in aggregate in excess of DM 3,750,000, or
(ii) which has an initial term in excess of 12 months, or which has an indefinite term and, in either case, cannot be terminated by AMD Saxonia on less
than 12 months’ notice, or
(iii) which is listed in Part I ofSchedule 40 to the Loan Agreement.
“Material Service Contract” means each Service Contract (with the exception of the AMD Saxonia Wafer Purchase Agreement, the Management Service
Agreement and employment contracts):
(i) pursuant to which AMD Saxonia incurs obligations in aggregate in excess of DM 2,500,000 during the term of the contract, or
(ii) which has an initial term in excess of 12 months, or which has an indefinite term and, in either case, cannot be terminated by AMD Saxonia on less
than 12 months’ notice, or
(iii) which is listed in Part I ofSchedule 40 to the Loan Agreement.
“Minimum Liquidity Covenant” means the covenant described as (Mindestliquiditätskennzahl) inSchedule 17 to the Loan Agreement, pursuant to which
AMD Saxonia has undertaken to ensure at all times from the date on which the Fifth Amendment to the Loan Agreement dated 20 December 2002 becomes
unconditional in all respects until the payment in full of all Secured Obligations, the balance standing to the credit of the Project Accounts maintained with the
Security Agent at its offices in Dresden or London shall be at least equal to the amounts and for the periods set out in the table referred to in paragraph 4 of
Schedule 17 to the Loan Agreement.
“Minimum Liquidity Covenant Calculation Date” means, with effect from the effective date of the Fifth Amendment to the Loan Agreement:
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Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003