Drew Prairie, a spokesman for AMD, told Computerworld that executives paid close attention to the restrictions in the company's various licensing agreements when making plans for the spinoff.

"We looked at this," he said. "We structured this in a way that this takes into account all our licensing agreements to ensure The Foundry will be able to manufacture all of AMD's products."

Mulloy said AMD did not contact Intel about the licensing agreements during the planning stage for the spinoff. He added that Intel has not yet reached out to AMD about it either.

The new company will be co-owned by AMD and ATIC, which is owned by the government of Abu Dhabi in the United Arab Emirates. ATIC will shell out US$2.1 billion -- $1.4 billion going to the new company and the rest going straight to AMD, according to AMD.

The Foundry will assume about $1.2 billion of AMD's debt.