Post-Completion Adjustment. Following Completion, if: (i) AMD Holding has made contributions to AMD Saxonia's Equity Capital (or other contributions to AMD Saxonia's capital reserves), other than contributions of the minimum Equity Capital referred to in Article II; ---------- or (ii) a Sponsor has made Sponsors' Loans to AMD Saxonia (other than Class A Sponsors' Loans or Class B Sponsors' Loans), in either case to enable AMD Saxonia to have sufficient funds to pay Cost Overruns (the aggregate amount so contributed or lent to AMD Saxonia being hereinafter called the "Sponsors' Cost Overrun Contribution"), then, provided ----------------------------------- that no Event of Default, Unmatured Event of Default or Event of Termination has occurred and is continuing, AMD Saxonia shall, at the request of a Sponsor, and with the consent of the Agent, repay to such Sponsor Sponsors' Loans in an amount which is equal to the excess, if any, of: (i) the Sponsors' Cost Overrun Contribution (ii) the Sponsors' Applicable Share of the Cost Overruns prior to Completion. The Agent shall be required to grant such consent unless it has actual knowledge that an Event of Default, Unmatured Event of Default or Event of Termination shall have occurred and be continuing.
Appears in 1 contract
Sources: Sponsors' Support Agreement (Advanced Micro Devices Inc)
Post-Completion Adjustment. Following Completion, if:
(i) AMD Holding has made contributions to AMD Saxonia's Equity Capital (or other contributions to AMD Saxonia's capital reserves), other than contributions of the minimum Equity Capital referred to in Article II; ---------- or
(ii) a Sponsor has made Sponsors' Loans to AMD Saxonia (other than Class A Sponsors' Loans, Class B Sponsors' Loans or Class B C Sponsors' Loans), in either case to enable AMD Saxonia to have sufficient funds to pay Cost Overruns (the aggregate amount so contributed or lent to AMD Saxonia being hereinafter called the "Sponsors' Cost Overrun Contribution"), then, ----------------------------------- provided ----------------------------------- that no Event of Default, Unmatured Event of Default or Event of Termination has occurred and is continuing, AMD Saxonia shall, at the request of a Sponsor, and with the consent of the Agent, repay to such Sponsor Sponsors' Loans in an amount which is equal to the excess, if any, of:
(i) the Sponsors' Cost Overrun Contribution
(ii) the Sponsors' Applicable Share of the Cost Overruns prior to Completion. The Agent shall be required to grant such consent unless it has actual knowledge that an Event of Default, Unmatured Event of Default or Event of Termination shall have occurred and be continuing.
Appears in 1 contract
Sources: Sponsors' Support Agreement (Advanced Micro Devices Inc)