Exhibit 4.6Fibernet Telecom Group Inc\ • January 10th, 2001 • Telephone communications (no radiotelephone) • New York
EXHIBIT 4.3 REGISTRATION RIGHTS AGREEMENT ----------------------------- This Registration Rights Agreement (this "Agreement") is made and entered into as of October 30, 2002, by and among FiberNet Telecom Group, Inc., a Delaware corporation (the...Registration Rights Agreement • November 1st, 2002 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
amongCredit Agreement • May 15th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
TABLE OF CONTENTS ----------------- Page ---- 1. Purchase and Sale of Stock...........................................1 1.1. Sale and Issuance of Common Stock and Warrants..............1 1.2....Purchase Agreement • November 13th, 2002 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AGREEMENT ---------Pledge Agreement • February 15th, 2001 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
OPTION AGREEMENT dated as of October 1, 1999 ("Agreement") between FIBERNET TELECOM GROUP, INC., a Delaware corporation (the "Company"), and PACER INTERNATIONAL, INC., a Florida corporation ("Pacer"). The Company wishes to sell and issue to Pacer...Option Agreement • March 30th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AGREEMENT ---------Assignment and Assumption Agreement • August 15th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AMENDMENT TO THE OPERATING AGREEMENT OF FIBERNET EQUAL ACCESS, L.L.C.Operating Agreement • May 15th, 1998 • Fibernet Telecom Group Inc\ • Retail-retail stores, nec
EXHIBIT 10.35 EMPLOYMENT AGREEMENT AGREEMENT by and between Fibernet Telecom Group, Inc., a Delaware corporation (the "Company"), and Warren Miller (the "Executive"), dated as of the 17/th/ day of June, 2000. WHEREAS, the Company has determined to...Employment Agreement • September 8th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
EXHIBIT 4.2 WARRANT AGREEMENTWarrant Agreement • February 15th, 2001 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
OFFibernet Telecom Group Inc\ • November 12th, 2002 • Telephone communications (no radiotelephone) • New York
EMPLOYMENT AGREEMENT dated as of May 7, 1999 (the "Agreement"), between FIBERNET TELECOM GROUP, INC., a Nevada corporation (the "Company"), and ROY (TREY) D. FARMER (the "Executive"). The parties hereto deem it to be in their best interests to enter...Employment Agreement • March 30th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
ARTICLE I DEFINITIONSRegistration Rights Agreement • July 11th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
Exhibit 4.10Fibernet Telecom Group Inc\ • January 10th, 2001 • Telephone communications (no radiotelephone) • New York
AGREEMENTCommon Stock Purchase Agreement • November 1st, 2002 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AMONGStockholders Agreement • February 2nd, 2001 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
ARTICLE I DEFINITIONS 1.1 Defined Terms. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings assigned thereto in the Certificate of Designation or in Exhibit F hereto. As used in this Agreement, ---------...Securities Purchase Agreement • July 11th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
R E C I T A L SShare Exchange Agreement • November 1st, 2002 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
EXHIBIT D-1 FIRST AMENDMENT dated as of September 28, 1999 ("AMENDMENT") to the Security Agreement dated as of May 7, 1999 ("SECURITY AGREEMENT"), made by FiberNet Telecom Group, Inc., a Nevada corporation (the "PARENT") and each of Parent's...Security Agreement • October 5th, 1999 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
RECITALSStock Option Agreement • May 15th, 1998 • Fibernet Telecom Group Inc\ • Retail-retail stores, nec • Delaware
AGREEMENT ---------Guaranty Agreement • September 8th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
EXHIBIT 1.1 Underwriting Agreement Robertson Stephens, Inc. First Union Securities, Inc. CIBC World Markets Prudential Securities Incorporated Kaufman Bros. L.P. As Representatives of the several Underwriters c/o Robertson Stephens, Inc. 555...Underwriting Agreement • November 9th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
PREAMBLESecurities Purchase Agreement • August 15th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
EXHIBIT 10.57 STANDARD FORM OF OFFICE LEASE The Real Estate Board of New York, Inc. Agreement of Lease, made as of the 1st day of April, 2001, between WESTPORT COMMUNICATIONS, LLC, a Delaware limited liability company, having an address at 277 Park...Agreement • May 12th, 2003 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AGREEMENT ---------Credit Agreement • November 12th, 2002 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
EXHIBIT 10.1 FIBERNET TELECOM GROUP, INC. COMMON STOCK AND WARRANT PURCHASE AGREEMENT November 11, 2002 TABLE OF CONTENTSPurchase Agreement • November 12th, 2002 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
2. Term. Subject to earlier termination pursuant to the terms of Section ---- 6 below, the employment of the Executive hereunder shall be for a fixed term unless terminated earlier or extended in accordance with the terms and provisions of this...Employment Agreement • September 8th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
EMPLOYMENT AGREEMENT dated as of May 7, 1999 (the "Agreement"), between FIBERNET TELECOM GROUP, INC., a Nevada corporation (the "Company"), and MICHAEL S. LISS (the "Executive"). The parties hereto deem it to be in their best interests to enter into...Employment Agreement • March 30th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
ARTICLE I. DEFINITIONSAgreement • November 1st, 2002 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
amongCredit Agreement • February 15th, 2001 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
EXHIBIT B STOCKHOLDERS AGREEMENT JOINDER Reference is made to the Securities Purchase Agreement dated as of September 28, 1999 ("Purchase Agreement") by and among FiberNet Telecom Group, Inc. (the "Company") and the purchasers named therein...Stockholders Agreement • October 5th, 1999 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone)
Reference is made to the Securities Purchase Agreement dated as of September 28, 1999 ("Purchase Agreement") by and among FiberNet Telecom Group, Inc. (the "Company") and the purchasers named therein ("September Purchasers") pursuant to which each such September Purchaser shall execute this Joinder.
FIRST AMENDMENT AND CONSENT Dated as of July 14, 2000 toCredit Agreement • August 15th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
andAgreement and Plan of Reorganization • June 8th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
ContractFibernet Telecom Group Inc\ • March 30th, 2006 • Telephone communications (no radiotelephone) • New York
THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”) OR ANY STATE SECURITIES LAWS AND MAY NOT BE SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF UNLESS REGISTERED UNDER THE SECURITIES ACT AND UNDER APPLICABLE STATE SECURITIES LAWS OR FIBERNET TELECOM GROUP, INC. SHALL HAVE RECEIVED AN OPINION OF ITS COUNSEL THAT REGISTRATION OF SUCH SECURITIES UNDER THE SECURITIES ACT AND UNDER THE PROVISIONS OF APPLICABLE STATE SECURITIES LAWS IS NOT REQUIRED.
AGREEMENT ---------Security Agreement • September 8th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
