AMD 2004 Annual Report Download - page 396

The silent partner capital contributions shall become due at the dates set out in Appendix 4.1.1 and will be paid in the installments as specified therein
in more detail. However, the first installment of each silent partner capital contribution will become due no earlier than at such date when transfer of
title to the real estate as described in Appendix 4.2.2 of AMD Saxony Limited Liability Company & Co. KG (“AMD Saxony”) to AMD Fab X has
been effected or instead the title re-registration has been applied for and the entry of such re-registration merely only requires issuance of the official
record of changes by the municipal surveying authority and conveyance on the basis of such official record of changes.
All limited partners and silent partners shall have the right to waive the requirement that one or all of the specified requirements are satisfied before
the Limited Partners’ Capital Contributions I or II or, insofar as applicable, their silent partner capital contributions become due by written notice to
the respective other Parties / AMD Fab X.
4.3 The Parties may hold their limited partner and silent participations in AMD Fab X directly or indirectly through one or more companies (“Holding
Companies”). Other than the respective Party and M+W Zander Facility Engineering GmbH, no entities may hold an interest in the Holding
Companies whose objects cover the development, manufacture, marketing or sale of semiconductor products (“Competing Entities”). Entities of the
AMD Group are not considered Competing Entities. Other than M+W Zander Facility Engineering GmbH no Competing Entities may hold a direct or
indirect interest in M+W. In deviation from the preceding sentences 2 and 4, finance investors who are not themselves engaged in the design,
development, manufacture, marketing or sale of semiconductors may hold direct or indirect interests in AMD Fab X (above all, through Holding
Companies and M+W). In case of a indirect participation, the respective Party must warrant that the Holding Company holding the limited partner
share in AMD Fab X fulfils the obligations of the respective Party and/or Holding Company under this Agreement and under the attached Partnership
8
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005