Amendment No. 1 to OEM Purchase and Sale Agreement between Nortel Networks and Chorum Technologies

Summary

This amendment, effective October 12, 2000, modifies the original OEM Purchase and Sale Agreement between Nortel Networks and Chorum Technologies, initially dated January 1, 2000. The amendment adds a new section to the agreement, while all other terms remain unchanged. Both parties have agreed to these changes, which are formalized by their signatures. The specific details of the new section have been omitted for confidentiality.

EX-10.12 3 0003.txt AMENDMENT NO. 1 TO OEM PURCHASE AND SALE AGREEMENT EXHIBIT 10.12 AMENDMENT #1 TO THE OEM PURCHASE AND SALE AGREEMENT BY AND BETWEEN NORTEL NETWORKS AND CHORUM TECHNOLOGIES This amendment (the "Amendment") is made this 12th day of October, 2000 (the "Effective Date") by and between Nortel Networks, Ltd., having an office at 8200 Dixie Road, Brampton, Ontario L6T 5P6 ("Nortel") and Chorum Technologies, Inc. ("Seller") having an office at 1303 E. Arapaho Road, Richardson, Texas 75081. Whereas, Nortel and Seller entered into an OEM Purchase and Sale Agreement, effective as of 1 January 2000 (the "OEM Agreement"), and, Whereas, the parties desire that this Amendment revise the OEM Agreement. Now therefore, for good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties hereby amend the OEM Agreement as follows: 1. Insert the following as Section 8.5.6: [*] All capitalized terms herein will have the meaning set forth in the OEM Agreement. Except as specifically provided above, the OEM Agreement shall remain in full force and effect without modification. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK; THE NEXT PAGE IS THE SIGNATURE PAGE. * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment #1 on the day and year last written below. CHORUM TECHNOLOGIES INCORPORATED NORTEL NETWORKS LIMITED By: By: ---------------------------- ---------------------------- (Signature) (Signature) Name: Name: -------------------------- -------------------------- Title: Title: -------------------------- ------------------------- (Print) (Print) Date: Date: --------------------------- --------------------------