AMD 2003 Annual Report Download - page 183

(bank, insurance company or institutional investor etc.) or a special purpose company established for the purpose of securitization of assets (or so
called liquidation of assets (shisan-no-ryudoka) under the Japanese law).
(iii) If the assignment is made in divided portions of the Loan Receivables, the value of each Loan Receivables after such division is equal to or more
than 1 billion yen.
(iv) No withholding tax or other taxes arise from the assignment, and there will be no increase in the amount of the Borrower’s interest expense
payable to the Assignee.
29.2 All expenses incurred from the assignment set forth in Clause 29.1 shall be borne by the Assignor or the Assignee, as the case may be. The provision of
Clause 9 shall apply with respect to any Increased Costs incurred after the assignment. The Assignor or the Assignee shall pay to the Agent, by the actual
date of such assignment, the amount of 500,000 yen per Assignee, together with applicable consumption tax, as consideration for administrative duties
performed in connection with the assignment.
30. COLLECTION FROM THIRD PARTY
30.1 No repayment of the Borrower’s debt obligations under this Agreement by any party other than the Borrower is allowed, unless it obtains prior written
consent from the Agent and All Lenders.
30.2 The Borrower shall not, on or after the date of this Agreement, consign any third party to guarantee (including any guarantee by property) the Borrower’s
performance of its debt obligations under this Agreement, nor shall the Borrower make any third party assume its debt obligations under this Agreement,
unless it obtains prior written consent from the Agent and All Lenders.
30.3 If a Lender enters into a guarantee without consignment to the Guarantor by the Borrower (including any property guarantee) or a debt assumption with
any third party with respect to the Borrower’s obligations under this Agreement, the Lender shall have obtained prior written consent of the third party
with respect to each item described below. In this case, if the Lender receives any repayment from the third party pursuant to such guarantee or debt
assumption, no arrangement among the Lenders pursuant to the assignment of receivables under Clause 24.1 shall be made.
(i) The third party shall have the same obligations as a Lender has against the Agent, other Lenders and the Borrower under this Agreement with
respect to any exercise of its right for recourse and the contractual rights hereunder arising as a result of the performance of its guarantee
obligation.
(ii) The third party shall be bound upon by each provision of this Agreement.
(iii) The third party is a company located in Japan (any of the head office, branch office, or business office thereof shall be established in Japan and
be registered under the Japanese laws), and is a financial institution (bank,
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004