Exhibit 10.20
Concurrent Computer Corporation
0000 Xxxxx Xxxxx Xxxxxxx
Xxxxxx, Xxxxxxx 00000
(000) 000-0000
October 22, 2001
Comcast Corporation
0000 Xxxxxx Xxxxxx
Xxxxxxxxxxxx, XX 00000-0000
Attention: General Counsel
Dear Sir:
Reference is hereby made to the Registration Rights Agreement between
Concurrent Computer Corporation (the "Company") and Comcast Concurrent Holdings,
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Inc. ("Comcast"), dated March 29, 2001 (the "Registration Rights Agreement"),
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and the Company's Registration Statement on Form S-3 expected to be filed with
the Securities and Exchange Commission on or about October 22, 2001 (the "Shelf
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Registration Statement") that includes therein the registration of 54,431 shares
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to be offered and sold by Comcast (the "Comcast Shares"). Capitalized terms used
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but not defined herein shall have the meanings ascribed to such terms in the
Registration Rights Agreement.
In consideration of the agreements of the parties contained herein and
other good and valuable consideration, the receipt and sufficiency of which the
parties hereby acknowledge, the parties hereby agree as follows:
1. Sales Blackout Periods. Notwithstanding Section 5(c) of the
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Registration Rights Agreement, the Company may commence a Sales Blackout Period
immediately after the end of a Sales Blackout Period with respect to the Comcast
Shares to be offered and sold by Comcast under the Shelf Registration Statement.
This provision shall be in effect for so long as any Comcast Shares are
registered under the Shelf Registration Statement. Except as otherwise provided
herein, all terms and conditions of the Registration Rights Agreement, including
Section 5(c) with respect to the limitation on Sales Blackout Periods, shall
remain in full force and effect.
2. Counterparts. This letter agreement may be executed in two or more
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counterparts, each of which shall be deemed an original and all of which
together shall constitute one and the same instrument.
3. Governing Law. This letter agreement shall be governed by and
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construed in accordance with the internal laws of the State of Delaware as
applied to contracts entered into solely between residents of, and to be
performed entirely within, such state, and without reference to principles of
conflicts of laws or choice of laws.
If the foregoing accurately reflects our understanding, please sign below
to evidence your acceptance and agreement with the foregoing and return one copy
of this letter to the undersigned, whereupon it shall become a binding
agreement.
Very truly yours,
/s/ Xxxxxx X. Xxxxxx
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Xxxxxx X. Xxxxxx
Executive Vice President and
Chief Financial Officer,
Concurrent Computer Corporation
Agreed and accepted as of the
date first above written:
COMCAST CONCURRENT HOLDINGS, INC.
By: /s/ Xxxxx X. Xxxxxxx
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Name: Xxxxx X. Xxxxxxx
Title: President
