Common use of Reports with the SEC Clause in Contracts

Reports with the SEC. The Company has furnished or made available to the Stockholders complete and accurate copies of Pathnet's annual report on Form 10-K for its most recent fiscal year, all other reports or documents required to be filed by Pathnet pursuant to Section 13(a) or 15(d) of the Securities Exchange Act since the filing of the most recent annual report on Form 10-K, and all correspondence with the SEC since August 1998. Such filed reports do not, as of the date hereof, contain any material false statements or any misstatement of any material fact and do not omit to state any fact necessary to make the statements set forth therein not misleading. Pathnet has made all filings with the SEC which it is required to make, and Pathnet has not received any request from the SEC to file any amendment or supplement to any of the reports described in this Section 4I.

Reports with the SEC. The Company has furnished or made available to the Stockholders Colonial complete and accurate copies of Pathnet's annual report on Form 10-K for its most recent fiscal year, all other reports or documents required to be filed by Pathnet pursuant to Section 13(a) or 15(d) of the Securities Exchange Act since the filing of the most recent annual report on Form 10-K, and all correspondence with the SEC since August 1998. Such filed reports do not, as of the date hereof, contain any material false statements or any misstatement of any material fact and do not omit to state any fact necessary to make the statements set forth therein not misleading. Pathnet has made all filings with the SEC which it is required to make, and Pathnet has not received any request from the SEC to file any amendment or supplement to any of the reports described in this Section 4I.4W.

Reports with the SEC. The Company has furnished or made available to the Stockholders CSX complete and accurate copies of Pathnet's annual report on Form 10-K for its most recent fiscal year, all other reports or documents required to be filed by Pathnet pursuant to Section 13(a) or 15(d) of the Securities Exchange Act since the filing of the most recent annual report on Form 10-K, and all correspondence with the SEC since August 1998. Such filed reports do not, as of the date hereof, contain any material false statements or any misstatement of any material fact and do not omit to state any fact necessary to make the statements set forth therein not misleading. Pathnet has made all filings with the SEC which it is required to make, and Pathnet has not received any request from the SEC to file any amendment or supplement to any of the reports described in this Section 4I.4W.