AMD 2006 Annual Report Download - page 180

EXECUTION VERSION
(50%) of whose ownership interest representing the right to make the decisions for such corporation, company or other entity is now or hereafter,
owned or controlled, directly or indirectly, by a Party hereto,
provided that in either case such entity shall be considered a Subsidiary, and shall be entitled to retain the licenses and other benefits provided by this
Agreement to Subsidiaries, only so long as such ownership or control exists.
“Technical Coordinators” means the individuals referred to in Section 4.7, below.
“Term” means the period of time from the Effective Date and ending in accordance with the terms of Section 12.1.
“Test Site” means a device or circuit evaluation site on a wafer.
“Third Party” or “Third Parties” means an entity or entities other than the Parties or their Wholly Owned Subsidiaries or Related Subsidiaries.
“Wholly Owned Subsidiary” shall mean 1) a corporation, company or other entity:
(a) one hundred percent (100%) of whose outstanding shares or securities (such shares or securities representing the right to vote for the election of
directors or other managing authority) are, now or hereafter, owned or controlled, directly or indirectly, by a Party; or
(b) which does not have outstanding shares or securities, as may be the case in a partnership, joint venture or unincorporated association, or other entity but
one hundred percent of whose ownership interest representing the right to (i) make the decisions for such corporation, company or other entity, or (ii) vote
for, designate, or otherwise select members of the highest governing decision making body, managing body or authority for such partnership, joint venture,
unincorporated association or other entity is, now or hereafter, owned or controlled, directly or indirectly, by a Party;
provided that in either case such entity shall be considered a Wholly Owned Subsidiary, and shall be entitled to retain the licenses and other benefits provided
by this Agreement to Wholly Owned Subsidiaries, only so long as such ownership or control exists; or 2) a corporation, company or other entity:
(c) at least seventy five percent (75%) of whose outstanding shares or securities (such shares or securities representing the right to vote for the election of
directors or other managing authority) are, now or hereafter, owned or controlled, directly or indirectly, by a Party; or
(d) which does not have outstanding shares or securities, as may be the case in a partnership, joint venture or unincorporated association, or other entity but
at least seventy five percent (75%) of whose ownership interest representing the right to (i) make the decisions for such corporation, company or other
entity, or (ii) vote for, designate, or
Third Amendment and Restatement of “S” Process Development Agreement between AMD and IBM
IBM - AMD Confidential Page 12 of 90
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2007