AMD 2002 Annual Report Download - page 181

condition were to continue for more than thirty (30) additional days would be likely to impair, such AMD Company’s ability to perform its
obligations under the Operative Documents.
(xvii) Prior Activities, etc.
Prior to the Loan Agreement Effective Date, neither AMD Holding nor AMD Saxonia has engaged in any business, conducted any operations or
activities, nor incurred any obligations or liabilities (contingent or otherwise), other than (a) as described in the Disclosure Schedules, and (b) its
obligations, if any, under the Operative Documents, and activities reasonably incidental thereto. Prior to the Conversion Effective Date, neither
AMD Saxony LLC nor AMD Admin has engaged in any business, conducted any operations or activities, nor incurred any obligations or
liabilities (contingent or otherwise), other than its obligations, if any, under the Operative Documents, and activities reasonably incidental
thereto.
(xviii) Status of AMD Holding, AMD Saxony LLC, AMD Admin, and AMD Saxonia, etc.
(a) AMD Holding is not a “Restricted Subsidiary” under, and for the purposes of, the AMD Inc. 1999 Loan and Security Agreement;
(b) AMD Saxony LLC is not a “Restricted Subsidiary” under, and for purposes of, the AMD Inc. 1999 Loan and Security Agreement;
(c) AMD Admin is not a “Restricted Subsidiary” under, and for purposes of, the AMD Inc. 1999 Loan and Security Agreement; and
(d) AMD Saxonia is not a “Restricted Subsidiary” under, and for the purposes of, the AMD Inc. 1999 Loan and Security Agreement.
(xix) Accuracy of Information.
As of the date this representation and warranty is made or reaffirmed, as the case may be, all factual information then or theretofore furnished by
or on behalf of any AMD Company to the Agent or any Bank or the Technical Advisor for purposes of or in connection with any Operative
Document or any transaction contemplated thereby (including the Information Memorandum, true and complete copies of which were furnished
to the Agent in connection with the execution and delivery of this Agreement) is true and accurate (taken as a whole) in all material respects on
the date as of which such information is dated or certified, and on such date such information (taken as a whole) was not incomplete by omitting
to state any material fact necessary to make such information not misleading. Insofar as any such information includes assumptions, estimates, or
projections, such assumptions, estimates, or projections have been made in good faith, with due care, and with a diligent application of
engineering, construction, and accounting expertise reasonably available within AMD Inc. and its Subsidiaries (it being understood that although
any projections and forecasts furnished by an AMD Company represent such AMD Company’s
55
Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003