AMD 2004 Annual Report Download - page 448

(12) the Lessee shall, at the written request of the Lessor, promptly provide to the Lessor the information concerning installation, condition, custody, use,
maintenance, service, etc. of the Equipment to a reasonable extent;
(13) the Lessee shall take such actions as permitted or contemplated by the Related Agreements and as reasonably requested by the Lessor which are necessary
to create, transfer or change, or perfect the creation of, the rights under the Related Agreements to the extent such creation, transfer, change or perfection is
made in accordance with the terms of such Related Agreements;
(14) the Lessee shall, upon the reasonable request of the Lessor, cooperate with the Lessor, the Lenders and the Investor to achieve the purposes of the Related
Agreements;
(15) the Lessee shall treat the performance of all of its obligations under the Related Agreements to which it is a party as ranked at least pari passu with other
unsecured liabilities (including the secured loan which would not be collected in full even after the disposition of the relevant security), without any
preference one over the other, unless any law or regulation so requires;
(16) the Lessee shall not make any loan to or from or any guarantee to a third party which would substantially affect the performance of its obligations under
the Related Agreements to which it is a party;
(17) the Lessee shall not conduct any transaction which would substantially affect the performance of its obligations under the Related Agreements to which
the it is a party; and
(18) the Lessee shall covenant to comply with the following financial restrictions:
(i) the liabilities shall not exceed the assets in the non-consolidated balance sheet as at the end of each fiscal year and semi-annual period;
(ii) the the Adjusted Tangible Net Worth in each fiscal quarter shall not be less than 60 billion yen;
(iii) the total amount of net income plus depreciation in each of the following fiscal years shall not be less than the following amounts:
2005 financial year: 21,125 million yen
2006 financial year: 19,500 million yen
(iv) the ratio of (a) the net income plus depreciation to (b) the sum of interest expenses, the amount of scheduled repayments of borrowings including
lease rentals, and maintenance capital expenditures for the Aizu Facility, for such period, shall not be less than the following percentages:
2005 financial year: 120%
2006 financial year: 120%
The term “Adjusted Tangible Assets” means all of the Lessee’s assets, determined on a consolidated basis (provided that if the Lessee does not
prepare its financial statements on a consolidated basis, the stand-alone basis financial statements shall apply) in accordance with generally accepted
accounting standards in Japan, other than (a) deferred assets, other than prepaid insurance and prepaid taxes, (b) patents, copyright, trademarks,
trade names, franchises, goodwill, and other similar intangibles and (c) unamortized debt discounts and expenses.
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Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005