JDS1, LLC
2200 Fletcher Avenue, Suite 501
Fort Lee, NJ 07024
March 11, 2016
Board of Directors
Concurrent Computer Corporation
4375 River Green Parkway, Suite 100
Duluth, GA 30096
Attn: Mr. Steve G. Nussrallah
Chairman of the Board
Members of the Board of Directors (the “Board”):
As you are aware, I am, through JDS1, LLC (“JDS1”), the beneficial owner for securities law purposes of 894,536 shares of common stock (the “Common Stock”) of Concurrent Computer Corporation (the “Company”). Based on the amount of stock reported as outstanding in the Form 10-Q filed by the Company on February 9, 2016, such amount represents approximately 9.7% of the outstanding shares of Common Stock. JDS1 is also a party to certain “put options” (the “Options”) relating to the Common Stock, pursuant to which the counterparty to the relevant Option has, until the relevant expiration date, the exclusive right to cause JDS1 to purchase the underlying shares of Common Stock at the relevant exercise price. Neither I nor JDS1 is a part of a “group” within the meaning of Section 13(d)(3) of the Securities Exchange Act of 1934 with respect to the Company or the Common Stock.
On March 1, 2016, the Company adopted a Tax Asset Preservation Plan (the “Plan”).1 I am writing to request that the Board (i) confirm, pursuant to Section 1(a)(v) of the Plan, that neither I nor JDS1 will be considered an Acquiring Person under the Plan and (ii) waive the application of the terms of the Plan, if and to the extent that I and/or JDS1 acquire shares of Common Stock such that my aggregate beneficial ownership of Common Stock does not exceed 19.9% of the outstanding shares of Common Stock (whether by purchase of shares of Common Stock, exercise of Options, or otherwise).
I would appreciate a response to the foregoing request at your earliest convenience. If you have any questions or if you would like to discuss, let me know. I look forward to hearing from you.
Sincerely,
/s/ Julian Singer
Julian Singer
_____________________________
1 Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Plan.
| cc: | Derek Elder |
| Dilip Singh |
| Charles Blackmon |
| Larry Enterline |
| C. Shelton James |
| Robert M. Pons |
