AMD 2004 Annual Report Download - page 394

attached to this Agreement, but one copy each will be provided to Saxony as principal, AMD and M+W. Saxony will grant to AMD Fab X a right of
co-use in the ADL Report. The ADL Report is to be treated with the strictest confidentiality within the recipients’ organizations. AMD warrants that
the information provided to ADL by AMD and AMD subsidiaries for the purpose of ADL preparing the expert opinion was given to the best of their
knowledge and belief and that the business plan was drawn up according to recognized commercial principles. If the forecasts do not come to pass
and/or the plans are not achieved, even though the information provided to ADL for the purpose of their preparing the report was correct and
complete to AMD’s best knowledge and belief and even though the business plan was drawn up according to recognized commercial principles, this
shall not affect the reciprocal rights of the Parties.
§ 4 Capital Contributions, Holding Company
4.1.1 The parties undertake within the framework of their limited partner participation, to make the following capital contributions to AMD Fab X:
4.1.2 Limited Partners’ Capital Contributions I
AMD subsidiaries Capital Contribution €3,232,000
Saxony or Holding Company Capital Contribution €1,105,000
M+W Capital Contribution € 663,000
Total Limited Partners’ Capital Contributions I €5,000,000
Of the Limited Partners’ Capital Contribution I initially a total of € 500,000, i.e. € 323,200 for the AMD subsidiaries and € 110,500 for
Saxony, and € 66,300 for M+W, will be entered in the Commercial Register as the liability capital sums of those partners after taking
effect of this Cooperation Agreement. The entry of the liability capital, which has been increased by € 4,500,000 up to € 5,000,000, will
be caused simultaneously for all partners upon achievement of Saxony’s first milestone (LM I) according to the milestone regulation
attached as Appendix 4.1.1.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005