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Technology Stocks : Advanced Micro Devices - Moderated (AMD)
AMD 215.63+0.3%3:59 PM EST
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To: Joe NYC who wrote (87924)9/9/2002 3:08:57 AM
From: ptannerRead Replies (1) of 275872
 
Joe, re: "I wonder if AMD has some clause that UMC is not allowed to fab chips for Via or Transmeta using technology obtained from AMD."

Yep. See this SEC filing: edgar-online.com

Excerpt:

7.3 Regardless of anything to the contrary above, and subject to AMD's compliance with its obligations in the Manufacturing Agreement to offer UMC the *****, UMC shall not use the Advanced MPU Processes or the UMC Advanced CMOS Platforms to manufacture ***** for any party other than AMD, except:

7.3.1 UMC may manufacture small engineering sample quantities of product;

7.3.2 UMC may manufacture products for applications to be specified and mutually agreed to at times after AMD qualification of the process involved;

7.3.3 UMC may manufacture for third parties who (at the applicable time) have a technology license and/or transfer from AMD to design, manufacture or sell *****; and

7.3.4 in other specific situations in which UMC and AMD senior executives mutually agree that the situation does not present a ***** to AMD from the use of the technology involved; and

7.3.5 This restriction of Clause 7.3 shall expire upon any one or more of the following: (i) if UMC and AMD mutually agree not to extend the JDP to ***** or to terminate the JDP prior to qualification of the ***** in UMC, (ii) the JDP is terminated for material breach by AMD, (iii) three years after first qualification of any AMD Product with the process involved, if at such time, AMD and UMC are not then engaged in a JDP for Advanced MPU Processes, provided however that the restrictions of Clause 7.3 shall remain in place for a particular technology node ***** notwithstanding any such triggers for so long as AMD remains obligated (and in compliance with such obligations) to purchase significant quantities of MPU wafers from UMC or AU for such node. For purposes of this Clause 7.3.5, "significant quantities" is intended to refer to volumes such as those contemplated in the Manufacturing Agreements.
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