AMD 2002 Annual Report Download - page 161

enable AMD Holding to so contribute to AMD Saxonia), Equity Capital at the times and in the amounts set forth inSection 2.2. For the avoidance of doubt:
(i) to the extent, but only to the extent, reflected in AMD Saxonia’s financial statements referred to in § 15.1.6 of the Loan Agreement (or, if not so
reflected, as certified by AMD Inc. to the Agent and the Security Agent as of the Loan Agreement Effective Date), Equity Capital contributed by the
Sponsors to AMD Saxonia prior to the Loan Agreement Effective Date shall be taken into account in determining whether the Sponsors shall have
complied with their obligations under thisArticle II;
(ii) the obligations of the Sponsors contained in thisArticle II are in addition to, and not in limitation of, their respective obligations contained
elsewhere in this Agreement and in the other Operative Documents;
(iii) the Sponsors shall not be relieved of the foregoing obligations by virtue of:
(a) any Sponsors’ Loan made by either Sponsor pursuant to this Agreement or the Sponsors’ Loan Agreement or any Revolving Loan
made by either Sponsor pursuant to this Agreement or the Revolving Loan Facility Agreement before or after the Loan Agreement
Effective Date, including without limitation, the additional Sponsors’ Loan in an amount of $34,000,000 made by AMD Inc. to
AMD Saxonia on 26 September 1997 and referred to inSection 3.5 below; or
(b) any payment made by either Sponsor under the Sponsors’ Guaranty; and
(iv) the amounts set forth inSection 2.2 below are minimum aggregate amounts of Equity Capital to be received by AMD Saxonia; nothing contained
herein shall be deemed to preclude AMD Holding from making additional contributions to AMD Saxonia’s stated capital or capital reserves in order
to fulfil the obligations of the Sponsors contained inArticle IV,V, orVI, or for any other reason.
SECTION 2.2 Time of Contribution. The Equity Capital to be contributed to AMD Saxonia under thisArticle II is due and payable to AMD Saxonia as follows:
(i) one or more instalments aggregating DM 108,750,000 (one hundred eight million seven hundred fifty thousand Deutsche Marks) on or before the
date of the initial Advance under the Loan Agreement; it being understood and agreed that, to the extent, but only to the extent, reflected in AMD
Saxonia’s financial statements referred to in § 15.1.6 of the Loan Agreement (or, if not so reflected, as certified by AMD Inc. to the Agent and the
Security Agent as of the Loan Agreement Effective Date), all contributions to the Equity Capital of AMD Saxonia prior to Loan Agreement
Effective Date shall be considered contributions to its Equity Capital for purposes of thisSection 2.2(i); and
(ii) in addition to the Equity Capital contributed or to be contributed pursuant toSection 2.2(i) hereof, one or more additional instalments aggregating
DM
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Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003