- 17 - royalty” arrangement under which CV could manufacture workstations but would be discouraged from being its primary manufacturer because the “royalty” paid Sun with respect to the workstations would increase as the number of workstations manufactured by CV increased. During June 1983, representatives of CV and Sun met to discuss the proposals and to develop the framework for their business relationship. During the negotiations, CV sought to minimize the price at which it would purchase workstations by maximizing the discount from Sun’s list price for Sun’s products, and Sun sought to maximize the selling price of the workstations, and sought to minimize the discount from its list price. CV pressed for a higher discount although it was aware that, in the computer industry, a 45-percent discount was on the high end of normal purchase discounts given by suppliers to original equipment manufacturers (OEM’s). Near the conclusion of the June 1983 meeting, CV and Sun discussed giving CV warrants to purchase Sun stock as means of reducing the cost to CV of the transaction with Sun. The Preliminary Agreement The negotiations culminated in an agreement that was signed on or about June 17, 1983 (June 17, 1983, agreement), and that established guidelines for the joint development and manufacture of workstations by CV and Sun. The June 17, 1983, agreement provided that the relationship between CV and Sun was toPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011