EXHIBIT 4.13
Confidential Materials omitted and filed separately with the
Securities and Exchange Commission. Asterisks denote omissions.
Xx. Xxxxx Xxxxxxxxxx
VP Global Procurement
Marconi Communications, Inc.
0000 Xxxx Xxxxx
Xxxxxxxxxx
XX 00000-0000
Xxxxxx Xxxxxx xx Xxxxxxx
17 December 2003
Dear Xxxxx,
GLOBAL PROCUREMENT AGREEMENT DATED 1 FEBRUARY 2002 BETWEEN MARCONI
COMMUNICATIONS, INC. AND BOOKHAM TECHNOLOGY PLC, AS AMENDED BY LETTERS DATED 27
FEBRUARY 2002, 13 JUNE 2002, 10 JANUARY 2003 AND 27 JUNE 2003 ("GPA")
Following our recent discussions, this letter is to confirm formally a
re-phasing of Marconi's minimum purchase commitment under the GPA and to specify
the products comprising Xxxxxxx'x order commitment under the GPA for the fourth
calendar quarter of 2003.
In this letter, references to numbered quarters ("Qs") are to calendar quarters.
References to $ are to US dollars, translated from the sterling commitment in
the GPA at an exchange rate of 1.61 dollars to the pound. The exchange rate for
the outstanding GPA amount will be reviewed at the end of Q4'03, and the dollar
amounts for Q1 and Q2 2004 will be recalculated at that time.
We agree as follows (and the GPA is amended accordingly):
1. Marconi's commitment for Q4 2003 is $[**]. This will be fulfilled by
Xxxxxxx placing additional purchase orders, on or before 12 December
2003, for delivery of the following Bookham products on or before 31
December 2003:
o [**] [**] pieces, $[**] each, total value: $[**]
o [**] [**] pieces, $[**] each, total value: $[**]
o [**] [**] pieces, $[**] each, total value: $[**]
2. The phasing of Marconi's minimum quarterly purchase commitments under the
GPA following Q4 is now as follows:
o Q1 04: $[**]
o Q2 04: $[**]
3. Xxxxxxx will pay all outstanding invoices for product delivered under the
GPA (specifically, the $[**] which was agreed for Q3'03) by no later than
19 December 2003.
This letter extends the initial term of the GPA to 30 June 2004 and clause 8.1
of the GPA shall be deemed amended accordingly.
Please sign below to confirm Xxxxxxx'x agreement to these terms.
Yours sincerely,
/s/ Xxxxx Trop
Xxxxx Trop
Vice President, Sales
Bookham Technology plc
I confirm my agreement to the terms set out above.
/s/ XXXXX XXXXXXXXXX
------------------------------------
Xxxxx Xxxxxxxxxx, Vice President Global Procurement
For and on behalf of Marconi Communications, Inc.
