UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

____________

 

FORM 8-K

 

 

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

 

 

Date of Report (Date of earliest event reported): September 1, 2016

 

 

Concurrent Computer Corporation

 

(Exact Name of Registrant as Specified in its Charter)

 

 

Delaware 001-37706 04-2735766
(State or Other (Commission (IRS Employer
Jurisdiction File Number) Identification Number)
of Incorporation)    

 

4375 River Green Parkway, Suite 100, Duluth, Georgia 30096
(Address of Principal Executive Offices) (Zip Code)

 

Registrant’s telephone number, including area code:   (678) 258-4000

 

Not applicable

(Former Name or Former Address, if Changed Since Last Report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 

 

 

 

  

Item 1.01. Entry into a Material Definitive Agreement

 

On September 1, 2016, Concurrent Computer Corporation (the “Company”) entered into an amendment (the “Amendment”) to the employment agreement, dated November 18, 2014 and amended as of October 15, 2015 (the “Employment Agreement”), between the Company and Derek Elder, the Company’s Chief Executive Officer. Pursuant to the terms of the Amendment, the Company increased Mr. Elder’s annual bonus opportunity percentage from 65% to 70%. The other provisions of the Employment Agreement remained unchanged.

 

The description above is qualified in its entirety by reference to the text of the Amendment, which is included as Exhibit 10.1 hereto and incorporated herein by reference.

 

Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

 

The information disclosed in response to Item 1.01 above is incorporated herein by reference.

 

In addition, on September 2, 2016, the Company paid to Mr. Elder a discretionary bonus of $100,000, less applicable tax withholdings, provided that in the event that Mr. Elder terminates his employment with the Company prior to June 30, 2017 for any reason other than death or disability, then Mr. Elder shall repay to the Company the sum of $100,000 not later than seven (7) days following the his termination of employment.

Item 9.01. Financial Statements and Exhibits .

 

  (d) Exhibits

 

 

Exhibit No. Description

 

10.1 Amendment to Employment Agreement, dated September 1, 2016, by and between Concurrent Computer Corporation and Derek Elder.

 

 

 

 

SIGNATURE

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

  

  CONCURRENT COMPUTER CORPORATION
  (Registrant)
     
     
 Dated:  September 2, 2016 By: /s/ Davina Furnish
    Davina Furnish
    Corporate Secretary

  

 

 

 

EXHIBIT INDEX

 

Exhibit No. Description
10.1 Amendment to Employment Agreement, dated September 1, 2016, by and between Concurrent Computer Corporation and Derek Elder.

  

 

 

Exhibit 10.1

 

AMENDMENT TO

EMPLOYMENT AGREEMENT

 

THIS AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is made and entered into effective as of the date provided below, by and between Concurrent Computer Corporation (the “Company”) and Derek Elder (“Employee”).

 

WHEREAS, the Company and the Employee previously entered into the Employment Agreement dated November 18, 2014, as amended October 15, 2015 (“Agreement”); and

 

WHEREAS, the Company and the Employee desire to amend the Agreement to increase Mr. Elder’s annual bonus opportunity percentage from 65% to 70%.

 

NOW, THEREFORE, in consideration of the Employee’s continued employment with the Company, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

 

1. Section 4.2 of the Agreement, Annual Bonus Opportunity , is hereby amended to read as follows:

 

“During the Term of employment hereunder, the Employee will be eligible for a bonus opportunity under the Company’s Annual Incentive Plan, in accordance with the provisions thereof as in effect from time to time. The Annual Incentive Plan currently provides an annual bonus opportunity in a target amount of seventy percent (70%) of the then current base salary with a maximum bonus of 150% of the target bonus. The targets and objectives for each year and other terms and conditions of the bonus opportunity shall be established in advance of each year by the Compensation Committee of the Board of Directors with the input of the Chief Executive Officer.”

 

2. Except as amended herein, the Agreement shall remain in full force and effect.

 

IN WITNESS WHEREOF, the Company and Executive have executed this Amendment this 1 st day of September, 2016.

 

 

  CONCURRENT COMPUTER CORPORATION  
     
  By:   /s/ Charles Blackmon                   
  Name: Charles Blackmon  
  Title:   Director and Chairman of Compensation Committee
     
     
     
  EXECUTIVE  
     
  /s/ Derek Elder                                      
  Derek Elder