- 18 - encompass: (1) An exchange of current product technologies; (2) cooperation on future product development; (3) sharing of field support services and facilities; (4) investment participation in Sun by CV; and (5) the basis for use of mutually owned designs and manufacturing implementations. The terms regarding the purchase of workstations themselves were “subject to the terms and conditions of a separate OEM contract to be negotiated between the parties”. Consummation of the transactions outlined in the agreement was subject to a number of conditions, including the signing of definitive agreements implementing the basic understanding set forth in the June 17, 1983, agreement. The June 17, 1983, agreement contemplated that Sun would grant to CV two stock warrants and a convertible debenture (debenture). The first warrant was to be exercisable if, within a 36-month period, CV had transacted $20 million of business with Sun, consisting of purchases of Sun-manufactured products and royalties paid by CV. The second stock warrant (second warrant) was to be exercisable if CV’s business with Sun (computed on the same basis) reached a level of $30 million within the same 36- month period.6 Sun regarded the warrants as an incentive for CV 6 The June 17, 1983, agreement provided in relevant part: (E) Investment Participation in Sun by CV --Warrants (5 Year) (continued...)Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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