AMD 2004 Annual Report Download - page 432

Article 26 (Termination of Agreement)
1 If any one of the following events occurs, the Lessee’s liabilities under this Agreement and all of the Individual Transactions shall automatically be
accelerated and this Agreement and all of the Individual Transactions shall be terminated, without any notice or demand:
(1) the Lessee fails to make any payment of the Lease Rent and other monetary liabilities under the Related Agreements in any Individual Transaction;
(2) the Lessee fails to carry and maintain insurance as required in accordance with the provisions of this Agreement in any Individual Transaction;
(3) the Lessee fails to discharge any Encumbrances, Etc. in accordance with the provisions of this Agreement in any Individual Transaction;
(4) the Lessee becomes subject to the compulsory execution, provisional attachment, provisional disposition, petition for auction or disposition for
default of any Tax and Other Public Charges, or any petition is filed in respect of the Lessee for the commencement of bankruptcy, civil
rehabilitation, corporate rearrangement or corporate reorganization proceedings;
(5) the Lessee is ordered by a public agency to suspend or cease to carry on all or a substantial part of its business ;
(6) the Lessee suspends or reserves the payment to a person other than the Lessor or becomes subject to a dishonor proceeding by the Clearing House;
(7) the Lessee suspends the payment of Tax and Other Public Charges; or
(8) any material change has occurred to the Lessee’s assets, creditworthiness and shareholders as of the Delivery Date.
2 If any one of the following events occur, Lessor may, by its demand, accelerate the Lessee’s liabilities under this Agreement and all or any of the
Individual Transactions and terminate this Agreement or all or any of the Individual Transactions:
(1) the Lessee suspends the payment under the Related Agreements or the Lessee breaches any of its obligations hereunder in any Individual
Transaction (other than those listed in the provisions of the immediately preceding clause) and such breach is not remedied within five (5) Bank
Business Days after it receives the written notice from the Lessor thereof;
(2) the Lessee determines to discontinue the semiconductor manufacturing business or resolves the assignment, suspension or discontinuation of all or a
substantial part of its business or the dissolution of itself (excluding the case of merger);
(3) any change has occurred to the status of Fujitsu’s shareholding ratio against the Lessee which is directly or indirectly 40% or more of the issued and
outstanding voting common shares during the period from the execution date of this Agreement up to June 30, 2007;
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005