AMD 2004 Annual Report Download - page 207

methods of accounting as shall be determined by the Board of Managers. The fiscal year of the Company (“Fiscal Year”) shall correspond to that of AMD for as
long as AMD Member and/or an Affiliate of AMD Member holds a greater than fifty percent (50%) Percentage Interest in the Company in the aggregate. The
Company shall have a taxable year which complies with Section 706(b) of the Code.
7.10.2Books and Records. The Board of Managers shall cause to be kept, at the principal place of business of the Company, or at such other
location as the Board of Managers shall reasonably deem appropriate, full and proper ledgers, other books of account, and records of all receipts and
disbursements, other financial activities, and the internal affairs of the Company for at least the current and past four (4) Fiscal Years. The Board of Managers
shall also cause to be kept at such location copies of each of the following:
(a) a current list of the full name and last known address of each Member, and the capital account, number of Units and Percentage Interest
held by each Member;
(b) a current list of the full name and last known address of each Manager;
(c) the Certificate of the Company, any amendments to the Certificate, and executed copies of any powers of attorney granted for the
purpose of executing the Certificate;
(d) the Company’s federal, state and local income tax returns and reports, if any, for the seven (7) most recent years;
(e) this Agreement and any amendments to this Agreement;
(f) financial statements of the Company for the five (5) most recent Fiscal Years; and
(g) minutes of meetings of the Board of Managers and the Members and any written consents of the Board of Managers or the Members for
actions taken without a meeting.
7.10.3Financial Reports. The Board of Managers shall also cause to be sent to each Member of the Company, the following:
(a) within sixty (60) days after the Launch Date, the Company shall provide each Member with an unaudited balance sheet of the Company
as of the Launch Date;
(b) within one hundred fifty (150) days following the end of each Fiscal Year, a computation of the Company’s taxable income allocable to
such Member, and within two hundred seventy-five (275) days following the end of each Fiscal Year Schedule K-1 to IRS Form 1065 and such other information
as may be reasonably required by the Members for preparation of their respective federal, state and local income or franchise tax returns;
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Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request.
Omissions are designated as ****. A complete version of the exhibit has been filed separately with the Securities and Exchange Commission.
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005