AMD 2002 Annual Report Download - page 200

(a) as soon as available, and in any event within ninety (90) days after the end of each calendar year, financial statements of each of AMD
Holding and AMD Admin consisting of a balance sheet of each of AMD Holding and AMD Admin as at the end of such calendar year and a
profit and loss statement and cash flow statement of each of AMD Holding and AMD Admin for such calendar year, setting forth in
comparative form the corresponding figures for the preceding calendar year (to the extent applicable), all in reasonable detail and certified by
independent certified public accountants of recognised national standing and by an authorised financial officer of each of AMD Holding and
AMD Admin as fairly presenting in accordance with GAAP, consistently applied, the financial position and results of operations of each of
AMD Holding and AMD Admin;
(b) as soon as available, and in any event within ninety (90) days after the end of each Fiscal Year of AMD Saxony LLC, financial statements
consisting of a balance sheet of AMD Saxony LLC as at the end of such Fiscal Year and a statement of income and statement of shareholders’
equity and cashflows of AMD Saxony LLC for such Fiscal Year, setting forth in comparative form the corresponding figures for the
preceding Fiscal Year, all in reasonable detail and certified by independent certified public accountants of recognised national standing and by
an authorised financial officer of AMD Saxony LLC as fairly presenting in accordance with GAAP, consistently applied, the financial
position and results of operations of AMD Saxony LLC.
(xii) following the Conversion, promptly execute a declaration of liability substantially in the same form attached as Appendix Four to the SAB/Dresdner
Subsidy Agreement, amended to reflect the addition of the Additional Partner Companies and promptly deliver or cause to be delivered, to the
Agent the original executed version of the Power of Attorney referred to in para (xxiii) of the definition of Conversion Documents which shall be
held by the Agent in accordance with the Operative Documents.
SECTION 13.5 Negative Covenants of the Sponsors. The Sponsors, jointly and severally, agree, so long as any Primary Secured Obligation shall remain
outstanding or any Bank shall have any commitment under or arising out of the Loan Agreement, that none of AMD Holding, AMD Admin or (prior to the
Substitution (if any)) AMD Saxony LLC will (and AMD Inc. will not, at any time prior to the exercise of rights by the Security Agent under any of the Security
Documents, permit AMD Holding, AMD Admin or (prior to the Substitution (if any)) AMD Saxony LLC to), unless the Agent (acting on the instructions of an
Instructing Group) shall have otherwise consented in writing:
(i) terminate, amend or modify, or agree to the termination, amendment or modification, of any Operative Document, other than (w) the AMD Inc.
Primary Bank Credit Agreement (which may be amended, modified or terminated in accordance withSection 13.3), (x) the Equipment Supply
Contracts that are not
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Source: ADVANCED MICRO DEVIC, 10-K, March 14, 2003