AMD 2003 Annual Report Download - page 160

(e) the confirmation letter prepared by the representative director of the Guarantor and certifying that all internal procedures of the company
necessary for the execution of this Agreement and the making of the guarantee pursuant to this Agreement have completed.
5. CONDITIONS PRECEDENT FOR LENDING OBLIGATIONS
The Lender shall owe the Lending Obligations upon the condition (irrespective of whether or not notice under Clause 7.1 was given) that the conditions
set forth in each of the following items are satisfied at the time of the making of the Individual Loan. The satisfaction of such conditions shall be
determined individually by each Lender, and no other Lender or the Agent shall be responsible for a Lender’s determination or refusal to make a Loan.
(1) The Lending Obligations of All Lenders have not been exempted pursuant to Clause 8.2.
(2) All the matters described in each item of Clause 18 of this Agreement and each item of Clause 2 of the Guarantee are true and correct.
(3) The Borrower and the Guarantor have not breached any provision of this Agreement and the Guarantee, and there is no threat that such breach
may occur on or after the Drawdown Date.
(4) No consultation pursuant to the provisions of Clause 31 has been held.
6. MAKING OF LOANS
6.1 If a Lender does not give notice pursuant to Clause 7.1, and all conditions set forth in each item of Clause 5 are satisfied at the time of the drawdown of
the Individual Loan, the Lender shall remit the Individual Loan Amount to the Agent’s Account by eleven (11) o’clock of the Drawdown Date. The
Individual Loan shall be deemed to have been made by that Lender as of the time that the Agent remits such money to the Syndicate Account.
6.2 When the Loan is made pursuant to Clause 6.1, the Borrower shall immediately send to the Agent a written receipt describing the amount of the Loan
and the specifics of the Individual Loan. The Agent shall, upon receiving such receipt, promptly provide a copy thereof to the Lender who made the
Individual Loan. The Agent shall retain the original receipt on behalf of that Lender until the Outstanding Individual Loan Money in relation to such
Individual Loan is repaid in full.
6.3 If notice under Clause 7.1 has not been given, the Agent may make the Individual Loan on behalf of a Lender through Temporary Advancement. After
such Temporary Advancement, the relevant Lender shall remit the full equivalent amount of the Individual Loan Money to the Agent’s Account by
eleven (11) o’clock of the Drawdown Date, and if such remittance is not completed by that time, the Lender shall, promptly upon the Agent’s request,
pay to the Agent the Temporary Advancement Costs making required in such Temporary Advancement.
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004