AMD 2002 Annual Report Download - page 191

(xxii) 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 AMD Holding, AMD Admin, AMD Saxony LLC or AMD Saxonia 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 or will be 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 best estimates and
assumptions as to future performance, which such AMD Company believes to be fair and reasonable as of the time made in the light of current and
reasonably foreseeable business conditions, such projections and forecasts as to future events are not to be viewed as facts and that actual results
during the period or periods covered thereby may differ from the projected or forecasted results). Without limiting the generality of the foregoing, as
of the Loan Agreement Effective Date, no new information has become available which was not provided to the Technical Advisor prior to the Loan
Agreement Effective Date and which, had it been so provided, could reasonably be expected to have caused the Technical Advisor to express an
unfavourable opinion with respect to the Project in the Technical Advisor’s Report.
(xxiii) Warranties made by AMD Saxonia.
Each of the representations and warranties made by AMD Saxonia in any Operative Document to which it is a party (other than the representation
and warranty contained in § 15.1.10 of the Loan Agreement) is true and accurate in all material respects on each Sponsors’ Warranty Date, except to
the extent that any such representation or warranty expressly relates solely to an earlier date, and except, in the case of any representation or
warranty made on a Sponsors’ Warranty Date described inclause (vi) of the definition thereof, as otherwise provided in the certificate referred to
therein.
SECTION 12.3 Repetition of Representations and Warranties. The representations and warranties contained inSections 12.1 and12.2 shall be repeated on each
Sponsors’ Warranty Date, except to the extent that any such representation and warranty expressly relates solely to an earlier date, and except, in the case of the
Sponsors’ Warranty Date described inclause (vi) of the definition thereof, as otherwise set forth in the certificate referred to therein.
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Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003