Examples of Fujitsu Flash Memory Business in a sentence
Fujitsu shall perform the Services at a minimum in conformance with the level of service and with at least the same degree of accuracy, quality, completeness, timeliness, responsiveness and efficiency as was provided to the Fujitsu Flash Memory Business prior to the Effective Date (“Service Levels”).
Fujitsu and Fujitsu Sub have previously delivered to AMD and AMD Investments unaudited operating income statements of the Fujitsu Flash Memory Business for the fiscal year ended March 31, 2003 (the “Fujitsu Flash Memory Business Income Statements”).
Except as set forth in Schedule 6.23, during the past three (3) years product warranty claims made against the Fujitsu Entities with respect to products sold by the Fujitsu Entities in connection with the Fujitsu Flash Memory Business have not exceeded an aggregate of US$5,000,000 for any particular product.
All insurance coverage applicable to the Fujitsu Entities, the Fujitsu Flash Memory Business and the Fujitsu Business Assets is in full force and effect, insures the Fujitsu Entities in reasonably sufficient amounts against all risks usually insured against by Persons operating similar businesses or properties of similar size in the localities where such businesses or properties are located.
The Parties have entered into a Contribution and Assumption Agreement, dated as of June 30, 2003 (the “Contribution Agreement”), pursuant to which AMD and Fujitsu (or their respective Affiliates) will transfer to FASL assets related to the AMD Flash Memory Business and assets related to the Fujitsu Flash Memory Business, respectively, in exchange for which AMD and Fujitsu will receive Membership Interests in FASL.
After the Closing, each Contributing Party shall as reasonably appropriate: (i) refer to the Joint Venture all inquiries relating to the AMD Business Assets or the Fujitsu Business Assets, as applicable, and (ii) promptly deliver to the Joint Venture any mail, packages and other communications addressed to such Contributing Party relating to the AMD Flash Memory Business or the Fujitsu Flash Memory Business, as applicable.
The Fujitsu Flash Memory Business Income Statements were prepared in accordance with the books and records of Fujitsu and fairly present in all material respects the results of operations, for the period then ended, of the Fujitsu Flash Memory Business.
Each Contributing Party will promptly advise the other Contributing Party in writing of the commencement of any dispute, claim or Proceeding, against or involving the AMD Flash Memory Business, the Fujitsu Flash Memory Business, the AMD Business Assets or the Fujitsu Business Assets that is reasonably likely to result in a Material Adverse Effect on the Joint Venture.
Since March 31, 2003, (a) the Fujitsu Flash Memory Business has been conducted in all material respects in the ordinary course (except in connection with or as otherwise contemplated by the Transaction Documents) consistent with past practice and (b) there has been no change or event relating to the Fujitsu Flash Memory Business which, individually or in the aggregate, is reasonably likely to have a Material Adverse Effect the Joint Venture.