AMD 2004 Annual Report Download - page 447

Schedule 8
Covenants
The Lessee hereby covenants with the Lessor the following provisions in respect of the transactions for the lease of semiconductor manufacturing equipments set
forth in certain agreements executed on January 5, 2005 from the execution date of this Agreement to the Lease Term Expiration Date repeatedly:
(1) the Lessee shall maintain the Equipment, each Unit and the Components separately from the other equipment during the Lease Term;
(2) the Lessee shall perform and comply with its obligations under the Related Agreements (for the purposes of this clause, including the Original Purchase
Agreement) in accordance with their terms;
(3) the Lessee shall give a notice to the Lessor of the occurrence of an Event of Default or any event which would materially adversely affect the Lessors’
rights in the aggregate or the Lessee’s performance of its obligations, in each case under the Related Agreements, promptly upon becoming aware thereof.
(4) the Lessee shall obtain, maintain in full force and effect, and comply with the terms or restrictions, if any, of all consents, permissions, licenses, and
approvals of public agencies or courts required by any such agencies or courts to be obtained by the Lessee in connection with the Related Agreements or
for the continuous conduct of its business substantially as presently conducted;
(5) the Lessee shall provide promptly to the Lessor, the Lenders and the Investor its financial statements and other information concerning its financial and
business condition and the information concerning installation, condition, custody, use, maintenance, service, etc. of the Equipment which the Lessor shall
reasonably request and in respect of which the Lessee shall not be specifically subject to the confidentiality duty;
(6) the Lessee shall provide copy of its unaudited reports, etc. within sixty (60) days from the end of the first, second and third quarter;
(7) the Lessee shall provide copy of its audited reports, etc. within one hundred and five (105) days after the closing of year end accounts;
(8) the Lessee shall provide a document evidencing the fulfillment of the covenants in Clause 18 of this Schedule 8 within one hundred and five (105) days
after the closing of year end accounts or within sixty (60) days from the end of the semi-annual period or quarter;
(9) the Lessee shall provide copy of Spansion LLC’s unaudited reports within sixty (60) days from the end of the first, second and third quarter of Spansion
LLC;
(10) the Lessee shall provide copy of Spansion LLC’s audited reports within one hundred and five (105) days after the closing of year end accounts of Spansion
LLC;
(11) the Lessee shall, at the request of the Lessor or the Lenders and the Investor, immediately report in written concerning the Lessee’s and Spansion LLC’s
assets, business or operations and provide facility necessary therefor;
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005