June 22, 1999 TO CERTAIN INVESTORS IN THE SERIES C PREFERRED STOCK AND SERIES D PREFERRED STOCK OF NETFLIX.COM, INC. Re: Amended and Restated Agreement Concerning the Right to Participate in Initial Public Offering Ladies and Gentlemen: In connection...Agreement Concerning the Right to Participate in Initial Public Offering • March 6th, 2002 • Netflix Com Inc • Services-video tape rental
This New Letter Agreement sets forth the agreement by and among the Company, the Original IPO Holders and Forum Holding Amsterdam B.V. (together with the Original IPO Holders, the "IPO Holders") that, subject to and in consideration of the purchase of shares of Series C Preferred Stock and Series D Preferred Stock of the Company by the IPO Holders, in connection with the IPO, the Company shall require the managing underwriter or underwriters of such IPO to offer to each IPO Holder the right to purchase their Pro-Rata Share (as defined below) of that number of shares of capital stock to be sold in the IPO equal to ten percent (10%) of the total number of primary shares issued by the Company in the IPO (the "IPO Shares"). For purposes of this New Letter Agreement, "Pro-Rata Share" shall mean that fraction, the numerator of which is equal to the total number of shares of Series C Preferred Stock and/or Series D Preferred Stock (determined on an as-converted basis) held by such IPO Holder
