AMD is working on a brand new x86 CPU core

[Alby_da_Wolf]

fatslob-:O said:

Alby_da_Wolf said:

What I wrote isn't actually in contradiction with what you wrote: what Intel obtained with that settlement, besides continuing the cross-licensing, is making sure that the only exception allowed to AMD about license transfering is to get its chips produced. It's quite understandable that Intel wanted it to be put very clear. About Intel keeping its tech to itself and not licensing it to the hypothetical AMD parent company, that's what I wrote: the parent company couldn't produce x86 CPUs in any other way than through AMD. Obviously for the agreement between AMD and Intel to stand, AMD should remain a separated public company owned by its parent one, a merger wouldn't be possible, if AMD ceased existing as a company, the agreement too would cease, and probably totally in favour of Intel, that having respected the deal with AMD as long as it existed, would keep its rights in the cross-licensing, while its obligations would cease as soon as the company towards which it had them ceased existing too.
Also obviously, keeping AMD as a controlled but separated company would mean for its new parent company to be forced to control it through the normal ways any public company is controlled by its shareholders, and this most probably strongly limits which companies could have any interest in taking it over.

You still don't get it ... Did you even read the Contract ? 

6.2 b. AMD attempts or purports to assign or transfer to any Person any right or obligation in violation of Section 9.7.

9.7 No Assignment of Agreement. Except in the event of a Change of Control as set forth in Section 6.3, this Agreement is personal to the Parties, and neither the Agreement nor any right or obligation under this Agreement is assignable, whether in conjunction with a change in ownership, merger, acquisition or the sale or transfer of all, substantially all or any part of a Party’s business or assets or otherwise, either voluntarily, by operation of law or otherwise, without the prior written consent of the other Party, which consent may be withheld at the sole discretion of such other Party. Any such purported assignment or transfer shall be deemed a breach of this Agreement and shall be null and void. This Agreement shall be binding upon and inure to the benefit of the Parties and their permitted successors and assigns. 

Under no obligation is AMD allowed to have more than 50% of it's voting power being controlled by an entity otherwise it will be classified as breaching the Agreement! 

I can read it, and Intel reserves the right to allow AMD such things only if it obtains its explicit permission, otherwise, in case of such changes in AMD ownership, AMD will keep its cross-licensing rights only for "microprocessors for use in a Personal Computer". It limits AMD rights on those techs to CPUs and APUs to be used in desktop and portable PCs (as defined in section 1.5), it DOESN'T revoke them. So, in case of change of ownership, AMD would be prevented to make x86 CPUs to be used in tablets and phones or other devices using embedded processors. Not a terrible loss, as ARM, MIPS and PowerPC/POWER are already the undisputed leader architectures in those markets (with ARM being overwhelming on phones and tablets and MIPS and PowerPC/POWER more competitive in other markets).

6.3 Change of Control . In the event of a Change of Control of AMD, the definition of AMD Microprocessor as defined in Section 1.5 shall be limited to those devices that fell within Section 1.5 on the date of the Change of Control and shall further be limited to x86 AMD Microprocessors for use in a Personal Computer.

“ Change of Control ” shall mean:

(1) any Person or group of Persons (as the term “group” is interpreted pursuant to Rule 13d-5 under the Securities Exchange Act of 1934, as amended) (the “Acquiring Person”) acquires (i) beneficial ownership of capital stock of AMD entitling the holder(s) thereof to more than fifty percent (50%) of the voting power of the then outstanding capital stock of AMD with respect to the election of directors of AMD, or (ii) an interest sufficient to receive more than fifty percent (50%) of the profits or losses of AMD; or

(2) AMD enters into a merger, consolidation, reorganization or similar transaction (or series of related transactions) with any Person or group of Persons in which less than fifty percent (50%) of the voting power of the outstanding capital stock of AMD (if it is the surviving entity) or of the Acquiring Person (if it is the surviving entity) with respect to the election of directors following such transaction is held directly or indirectly by Persons who were shareholders of AMD immediately prior to such transaction (or series of transactions); or

(3) AMD sells to any Person(s) in one or more related transactions properties or assets representing all or substantially all of the properties and assets of AMD.