- 23 - as shipments for revenue. CV will give Sun written notice of the date of the first shipment of such First Generation RWC for revenue within 30 days after such shipment. * * * * * * * ANNEX II 10,000 Shares Series F/G Preferred Stock * * * * * * * Preferred Stock Purchase Warrant SUN MICROSYSTEMS, INC. ("Sun"), a California corporation, hereby certifies that, for value received, COMPUTERVISION CORPORATION ("CV"), or permitted assigns, is entitled, subject to the terms set forth below, to purchase from Sun at any time or from time to time after the Initial Exercise Date and before * * * the Expiration Date, 10,000 fully paid and nonassessable shares of Series F/G Preferred Stock of Sun, at the purchase price per share of [$120/150] * * * The number and character of such shares of Preferred Stock and the purchase price per share are subject to adjustment as provided herein. This Warrant is one of the Preferred Stock Purchase Warrants (the "Warrants") issued in connection with an Agreement Relating to Investments by Computervision Corporation in Sun Microsystems, Inc. dated November 21, 1983, (the "Investment Agreement"). The Warrants evidence rights to purchase an aggregate of 10,000 shares of Series F Preferred Stock and 10,000 shares of Series G Preferred Stock of Sun * * * CV had not invested in a supplier prior to the transaction with Sun described above. CV did not make a practice of investing in its suppliers and did not view the warrants as an investment in Sun. The linking of CV’s ability to exercise the warrants to the dollar volume of business CV transacted with Sun served as anPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011