AMD 2006 Annual Report Download - page 171

EXECUTION VERSION
“AMD Project Leader” means the individual, if any, appointed by AMD pursuant to Section 4.5 below.
“AMD FMV” means a single AMD flash memory venture at any point in time, in which AMD has an ownership interest representing a right to participate in
making decisions for such flash memory venture (i.e. a shareholder’s right to vote), which is the lesser of (i) *** percent (***%) or (ii) the largest single owner,
but not less than *** percent (***%) of such flash memory venture, and which produces flash memory products, provided, that such entity shall be considered an
AMD FMV only so long as such ownership exists.
“AMD High Performance Integrated Circuit” means an Integrated Circuit manufactured using an AMD High Performance Process.
“AMD High Performance Process” means any 32nm, 22nm or subsequent node CMOS semiconductor manufacturing process which incorporates portions of
High Performance Device Information, which AMD uses exclusively to produce the highest performing *** percent (***%) of wafers manufactured in the
applicable technology generation (e.g. 32nm, 22nm) in any given quarter. Performance will be determined by AMD’s AC and DC transistor performance data,
wherein any disputes will be resolved by the Management Committee.
“AMD Non-High Performance Integrated Circuit” means an Integrated Circuit manufactured using an AMD Non-High Performance Process.
“AMD Non-High Performance Process” means AMD’s 32nm, 22nm or subsequent node CMOS semiconductor manufacturing processes used by AMD to
manufacture Semiconductor Products other than AMD High Performance Integrated Circuits.
“AMD Pre-T0 Project Leader” means the individual, if any, appointed by AMD pursuant to Section 4.3 below.
“AMD Pre-T0 Steering Committee Member” means the individual appointed by AMD pursuant to Section 4.2 below, to provide technical guidance to the
Management Committee for the Pre-T0 Activities.
“ASIC Product” shall mean an SOI Integrated Circuit or AMD High Performance Integrated Circuit that is not a Foundry Product and wherein all of the
following conditions are met: (i) at least one of (a) the functional requirements, or (b) the design, for such SOI Integrated Circuit or AMD High Performance
Integrated Circuit product is provided to a Party from a Third Party; (ii) such Party participated in an aspect of the definition and design of such product; and
(iii) such Party is contractually bound to manufacture such product solely for, and to sell such product solely to, such Third Party or its distributor or other
recipient solely for the benefit of such Third Party, provided that ASIC products shall not include SOI Integrated Circuits or AMD High Performance Integrated
Circuits in which the Party modifies its product designs to add or modify a feature or function required by the Third Party, such modifications comprising a
change of less than *** percent (***%) of the logical functions of the product, even if said product design is only made available to the Third Party.
***Confidential Treatment Requested.
Third Amendment and Restatement of “S” Process Development Agreement between AMD and IBM
IBM - AMD Confidential Page 3 of 90
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2007