- 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 an
Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: May 25, 2011