thesmokingman
Platinum Member
- May 6, 2010
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There are threads on this in the past.
http://www.kitguru.net/components/c...nge-of-control-terminates-agreement-for-both/
Both would lose their license and will be force to renegotiate with the US government presiding over negotiation.
http://www.kitguru.net/components/g...intel-cannot-block-our-merger-or-acquisition/
Devinder Kumar, chief financial officer of Advanced Micro Devices, said in a statement last week that the company could enter into joint ventures, mergers or acquisitions (M&A) agreements without fearing of termination its cross-license pact with Intel Corp. Many industry observers believe that a bigger company cannot acquire AMD since this will terminate the deal with Intel and will leave AMD without an x86 license immediately.
The cross-license agreement is automatically terminated when one of the parties changes its ownership or control. Many analysts believe that this clause in the agreement has kept multiple companies and strategic investors away from AMD because without an cross-license deal with Intel the company loses legal rights to build x86-compatible processors. Products containing Intels x86 and other IP account for 70 per cent of AMDs revenue. However, AMDs CFO denies that AMD will face drastic problems in case there is a change of control.
Is there anything, any impediment from an M&A or joint-venture standpoint? The answer is no, there is no impediment from an overall M&A standpoint regarding the cross-license, said Mr. Kumar.
Since Intel does use intellectual property of AMD inside its chips, it needs an agreement with AMD. However, it should be noted that if the cross-license between AMD and Intel is terminated because a party gets acquired by a third company, licenses granted to another party will survive unless that other party gets acquired too (i.e., if AMD is taken over, Intel sustains rights to AMDs IP), in accordance with the term 5.2d of the agreement. The same happens if one company gets bankrupt.
Mods, can we just have one sticky thread on this because AMD x86 license in case of change in ownership gets brought up over and over and over again.
Yea, AMD has an ace if the license for x86 is rendered moot, so is Intel's license to use AMD64. They both mutually need each other so they would have to come together for a new agreement.