AMD 2002 Annual Report Download - page 163

million Dollars) for all such Sponsors’ Loans, as contemplated bySection 3.2 (the “Class A Sponsors’ Loans”);
(iii) [left intentionally blank]
(iii) in an aggregate principal amount of $70,000,000 (seventy million Dollars) as contemplated by Section 3.4 (the “Class C Sponsors’ Loans”).
For the avoidance of doubt:
(i) the obligations of the Sponsors under the Sponsors’ Loan Agreement are intended to reflect, rather than to be in addition to, the obligations of the
Sponsors pursuant hereto;
(ii) with the exception of 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, Sponsors’ Loans and/or contributions (to the extent, but only to the extent, not otherwise taken into account in
determining whether AMD Holding has complied with its obligations underArticle II) by AMD Holding to AMD Saxonia’s capital reserves made
to AMD Saxonia prior to the Loan Agreement Effective Date shall be taken into account, 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) as Class A Sponsors’ Loans in determining whether the Sponsors shall have complied
with their obligations under thisArticle III;
(iii) although the obligations of the Sponsors contained in thisArticle III are in addition to, and not in limitation of, their respective obligations contained
elsewhere in this Agreement and in the other Operative Documents, if the Agent shall have otherwise expressly consented thereto in writing (which
consent will not be unreasonably withheld or delayed), the Sponsors shall be deemed to have complied with their obligations to make Class A
Sponsors’ Loans and/or Class C Sponsors’ Loans to the extent, but only to the extent, that AMD Holding shall have made additional contributions to
AMD Saxonia’s Equity Capital (or other contribution to AMD Saxonia’s capital reserves) which contributions are not otherwise required to be made
pursuant hereto or to any other Operative Document;
(iv) the Sponsors shall not be relieved:
(a) of the foregoing obligation by virtue of any Equity Capital (or other contribution to AMD Saxonia’s capital reserves) contributed or required
to be contributed to AMD Saxonia pursuant toSection 2.1 or (except as, and to the extent, provided inclause (iii) above) otherwise;
(b) of any obligation to make Class A Sponsors’ Loans (or to contribute additional Equity Capital or other contributions to AMD Saxonia’s
capital
37
Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003