AMD 2002 Annual Report Download - page 160

“assets” includes any asset, property, or right and includes uncalled capital;
“including” or “includes” means including or includes without limitation;
“law” and/or “regulation” includes any constitutional provision, treaty, convention, statute, act, law, decree, ordinance, subsidiary or subordinate
legislation, order, rule, or regulation having the force of law, and any rule of civil or common law or equity;
“order” includes any judgment, injunction, decree, determination, or award of any court, arbitration, or administrative tribunal;
“tax” includes any tax, levy, duty, charge, impost, fee, deduction, or withholding of any nature now or hereafter imposed, levied, collected, withheld, or
assessed by any taxing or other authority and includes any interest, penalty, or other charge payable or claimed in respect thereof, and “taxation” shall be
construed accordingly; and
“winding-up” includes any winding-up, liquidation, dissolution, or comparable process in any jurisdiction.
SECTION 1.4 Miscellaneous. In this Agreement, unless the context requires otherwise, any reference to an Operative Document or a Project Agreement
(including, in each case, any reference thereto as being in the form set out in a Schedule to the Loan Agreement) shall be a reference to such Document or
Agreement as it shall have been, or from time to time be, amended, varied, re-issued, replaced, novated or supplemented, in each case, in accordance with its
terms and this Agreement. For the avoidance of doubt, any reference in this Agreement to stated capital (Stammkapital), capital reserves or any other similar term
relating to the capital structure of a German limited liability company shall, following the Conversion Effective Date, be deemed to be a reference to the capital
(Haftsummen and Pflichteinlagen) or capital reserves of a limited partnership under German law, save to the extent the context requires otherwise.
In this Agreement, unless the context requires otherwise, (i) any statutory provisions shall be construed as references to those provisions as amended, modified,
re-enacted, or replaced from time to time; (ii) words importing a gender include every gender; (iii) references to Sections and Schedules are to Sections of and
Schedules to this Agreement; and (iv) references to this Agreement include its Schedules. Section headings are inserted for reference only and shall be ignored in
construing this Agreement. A time of day, unless otherwise specified, shall be construed as a reference to Frankfurt am Main time.
ARTICLE II
Contribution of Equity Capital
SECTION 2.1 Undertaking to Contribute. AMD Holding hereby undertakes to contribute to AMD Saxonia, and AMD Inc. hereby undertakes to cause AMD
Holding to so contribute to AMD Saxonia (and AMD Inc. shall, to the extent necessary, contribute sufficient funds, or otherwise cause sufficient funds to be
made available, to AMD Holding as shall be necessary to
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Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003