Pac-West Telecomm Inc – Contract (March 5th, 2007)This AMENDED AND RESTATED TERM LOAN AND SECURITY AGREEMENT dated as of the 27th day of February, 2007, is entered into by and among Pac-West Telecomm, Inc., a corporation organized and existing under the laws of the State of Califorina having its principal office at 1776 W. March Lane, Stockton, CA 95207 (and as of March 15, 2007, having its principal office at 4210 Coronado Ave., Stockton, CA 95204) (“Customer”), and Merrill Lynch Capital, a division of Merrill Lynch Business Financial Services Inc., a corporation organized and existing under the laws of the State of Delaware having its principal office at 222 North LaSalle Street, Chicago, IL 60601 (“MLC”) (as amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”).
Pac-West Telecomm Inc – $5,405,330.86 February 27, 2007 (March 5th, 2007)FOR VALUE RECEIVED, PAC-WEST TELECOMM, INC., a corporation organized and existing under the laws of the State of California (“Customer”) hereby promises to pay to the order of MERRILL LYNCH CAPITAL, a division of MERRILL LYNCH BUSINESS FINANCIAL SERVICES INC., a corporation organized and existing under the laws of the State of Delaware (“MLC”), in lawful money of the United States, the principal sum of Five Million Four Hundred Five Thousand Three Hundred Thirty and 86/100 Dollars ($5,405,330.86), or if more or less, the aggregate amount advanced by MLC to Customer pursuant to the Loan Agreement (the “Loan Amount”); together with interest on the unpaid balance of the Loan Amount, from the Closing Date until payment, at the Interest Rate, as follows:
Pac-West Telecomm Inc – STOCKTON, CA January 31, 2007 - Pac-West Telecomm, Inc. (OTC: PACW.PK), a leading provider of next generation and traditional voice communications services, today announced the completion of an offer to exchange any and all of its outstanding 13 1/2% Senior Notes due 2009 for newly issued 13 1/2% Senior Priority Notes due 2009. In conjunction with the exchange offer, the Company solicited, and received, consents to an amendment to the indenture governing the Senior Notes. The exchange offer expired on January 29, 2007 with $24,519,000 in aggregate principal amount of Senior Notes having been t (January 31st, 2007)
Pac-West Telecomm Inc – SECOND SUPPLEMENTAL INDENTURE (January 31st, 2007)This SECOND SUPPLEMENTAL INDENTURE (this “Second Supplemental Indenture”), dated as of January 31, 2007, is entered into by and between Pac-West Telecomm, Inc., a California corporation, (the “Company”) and Wells Fargo Bank, N.A. (successor by merger to Norwest Bank Minnesota, National Association), as trustee (the “Trustee”) in connection with an amendment to the Indenture, dated as of January 29, 1999, as supplemented by that certain First Supplemental Indenture, dated November 25, 2003 between the Company and the Trustee (the “Indenture”), relating to the Company’s 13 1/2% Senior Notes due 2009 (the “Notes”). Capitalized terms used but not otherwise defined herein shall have the meaning given to such terms in the Indenture.
Pac-West Telecomm Inc – Pac-West Telecomm, Inc. 13 1/2% SENIOR PRIORITY NOTES DUE 2009 INDENTURE Dated as of January 31, 2007 Wells Fargo Bank, N.A. Trustee (January 31st, 2007)INDENTURE dated as of January 31, 2007, between Pac-West Telecomm, Inc., a California corporation (the “Company”), and Wells Fargo Bank, as trustee (the “Trustee”).
Pac-West Telecomm Inc – September 30, 2006 · Condensed Consolidated Statements of Operations and Balance Sheets · Condensed Consolidated Statements of Cash Flows · Select Financial Ratios · Select Financial and Operational Metrics The following supplemental financial and operational data is being provided for the convenience of our investors and to assist their understanding of our business and financial results. Certain prior period amounts have been reclassified to conform to current period presentations. The supplemental financial and operational data may contain data that is provided in, or derived from, our hist (November 21st, 2006)
Pac-West Telecomm Inc – AGREEMENT REGARDING COMPENSATION ON CHANGE OF CONTROL (As Amended and Restated) (November 20th, 2006)This Agreement was initially made and entered into on the 17 day of August, 2004 (the “Effective Date”), by and between PAC-WEST TELECOMM, INC., a California corporation, (the “Company”) and Michael Hawn, (“Executive”) who is employed by the Company at will as its Vice President Customer Network Services. This Agreement is being amended and restated in its entirety effective this 30 day of August, 2006.
Pac-West Telecomm Inc – AGREEMENT REGARDING COMPENSATION ON CHANGE OF CONTROL (As Amended and Restated) (November 20th, 2006)This Agreement was initially made and entered into on the 17 day of August, 2004 (the “Effective Date”), by and between PAC-WEST TELECOMM, INC., a California corporation, (the “Company”) and Ravi Brar, (“Executive”) who is employed by the Company at will as its Chief Operating Officer. This Agreement is being amended and restated in its entirety effective this 30 day of August, 2006.
Pac-West Telecomm Inc – AGREEMENT REGARDING COMPENSATION ON CHANGE OF CONTROL (As Amended and Restated) (November 20th, 2006)This Agreement was initially made and entered into on the 17 day of August, 2004 (the “Effective Date”), by and between PAC-WEST TELECOMM, INC., a California corporation, (the “Company”) and Todd Putnam, (“Executive”) who is employed by the Company at will as its Chief Information Officer. This Agreement is being amended and restated in its entirety effective this 30 day of August, 2006.
Pac-West Telecomm Inc – FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (November 20th, 2006)This Fifth Amendment to Loan and Security Agreement (this "Amendment") is dated as of September 25, 2006, by and between COMERICA BANK ("Bank") and PAC-WEST TELECOMM, INC., PAC-WEST TELECOM OF VIRGINIA, INC., PWT SERVICES, INC., and PWT OF NEW YORK, INC. (each a “Borrower” and collectively, “Borrowers”).
Pac-West Telecomm Inc – SETTLEMENT AND RESTRUCTURING AGREEMENT (November 20th, 2006)THIS SETTLEMENT AND RESTRUCTURING AGREEMENT (“Agreement”) is entered into by and between Qwest Communications Corporation, a Delaware corporation (“QCC”), Qwest Corporation, a Colorado corporation (“QC”) (collectively “Qwest”), and Pac-West Telecomm, Inc., a California corporation (“Pac-West”) (each being referred to herein as a “Party,” and collectively as, the “Parties”).
Pac-West Telecomm Inc – EXTENSION OF AGREEMENT (November 20th, 2006)THIS AGREEMENT (“Agreement”) is made and entered into this 25th day of October 2006, by and between Pac-West Telecomm, Inc., a California corporation (the “Company”), and Wallace W. Griffin (“Board Chairman”).
Pac-West Telecomm Inc – AGREEMENT REGARDING COMPENSATION ON CHANGE OF CONTROL (As Amended and Restated) (November 20th, 2006)This Agreement was initially made and entered into on the 17 day of August, 2004 (the “Effective Date”), by and between PAC-WEST TELECOMM, INC., a California corporation, (the “Company”) and Eric Jacobs, (“Executive”) who is employed by the Company at will as its Vice President Sales. This Agreement is being amended and restated in its entirety effective this 30 day of August, 2006.
Pac-West Telecomm Inc – November 14, 2006 TEKELEC 5200 Paramount Parkway Morrisville, N.C. 27560 Re: Settlement Release and Amendment Ladies and Gentlemen: (November 16th, 2006)Reference is hereby made to the Master Procurement Agreement, dated March 26, 2004 (the “Master Agreement”), between Pac-West Telecomm, Inc. (the “Company”) and Tekelec, on behalf of itself and its majority owned subsidiary, Santera Systems Inc. (“Vendor”), and the Custom Extended Warranty Services Agreement, dated March 26, 2004, between the Company and the Vendor (the “Warranty Agreement” and together with the Master Agreement, the “Vendor Agreements”). Capitalized terms used and not otherwise defined herein shall have the meaning set forth in the Vendor Agreements.
Pac-West Telecomm Inc – PREFERRED STOCK PURCHASE AGREEMENT By and Among PAC-WEST TELECOMM, INC., and PAC-WEST ACQUISITION COMPANY LLC Dated November 15, 2006 (November 16th, 2006)THIS PREFERRED STOCK PURCHASE AGREEMENT (this “Agreement”) is made as of the 15th day of November, 2006, by and among Pac-West Telecomm, Inc., a California corporation (the “Company”), and Pac-West Acquisition Company LLC, a Washington limited liability company (“Purchaser”).
Pac-West Telecomm Inc – AGREEMENT TO RESTRUCTURE (November 16th, 2006)This agreement to restructure (this “Agreement”) is dated as of November 15, 2006 and is entered into between Pac-West Telecomm, Inc. (the “Borrower”) and Merrill Lynch Capital, a division of Merrill Lynch Business Financial Services Inc. (the “Lender” and, together with the Borrower, the “Parties”).
Pac-West Telecomm Inc – PAC-WEST TELECOMM, INC. PAC-WEST TELECOM OF VIRGINIA, INC. PWT SERVICES, INC. PWT OF NEW YORK, INC. AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (November 16th, 2006)This AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is entered into as of November ___, 2006, by and between PAC-WEST FUNDING COMPANY LLC, a Washington limited liability company ( “LENDER”) and PAC-WEST TELECOMM, INC., PAC-WEST TELECOM OF VIRGINIA, INC., PWT SERVICES, INC., and PWT OF NEW YORK, INC. (each a “Borrower” and collectively, “Borrowers”).
Pac-West Telecomm Inc – PAC-WEST TELECOMM, INC. J776 W. March Lane, Suite 250 Stockton, California 95207 (November 16th, 2006)Re: Indenture, dated as of January 29, 1999 (the “Indenture”), among Pac-West Telecomm, Inc. (the “Company”), as Issuer, and Wells Fargo Bank Minnesota, N.A. (formerly known as Norwest Bank Minnesota, National Association), as indenture trustee (the “Trustee”), with respect to the Company’s 13.5% Senior Notes due 2009 of the Company (the “Senior Notes”).
Pac-West Telecomm Inc – AMENDMENT NO. 1 TO RIGHTS AGREEMENT (November 16th, 2006)THIS AMENDMENT No. 1, dated as of November 15, 2006 (this “Amendment”) amends certain provisions of the Rights Agreement, dated as August 30, 2005 (the “Rights Agreement”), between Pac-West Telecomm, Inc., a California corporation (the “Corporation”), and Wachovia Bank, National Association as rights agent (the “Rights Agent”). Except as otherwise expressly provided herein, capitalized terms used but not defined herein shall have the meanings set forth in the Rights Agreement.
Pac-West Telecomm Inc – CERTIFICATE OF DETERMINATION OF RIGHTS, PREFERENCES AND PRIVILEGES OF SERIES B-1 AND SERIES B-2 PREFERRED STOCK OF PAC-WEST TELECOMM, INC. (November 16th, 2006)
Pac-West Telecomm Inc – FORM OF AMENDED AND RESTATED INDEMNIFICATION AGREEMENT (November 8th, 2006)This Amended and Restated Indemnification Agreement (“Agreement”) is made as of the 2nd day of November 2006 by and between Pac-West Telecomm, Inc., a California corporation (the “Company”), and _________(“Indemnitee”).
Pac-West Telecomm Inc – Supplemental Financial and Operational Data (August 11th, 2006)
Pac-West Telecomm Inc – FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (August 11th, 2006)This Fourth Amendment to Loan and Security Agreement (this "Amendment") is dated as of July 31, 2006, by and between COMERICA BANK ("Bank") and PAC-WEST TELECOMM, INC., PAC-WEST TELECOM OF VIRGINIA, INC., PWT SERVICES, INC., and PWT OF NEW YORK, INC. (each a “Borrower” and collectively, “Borrowers”).
Pac-West Telecomm Inc – THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (June 5th, 2006)This Third Amendment to Loan and Security Agreement (this "Amendment") is dated as of May 30, 2006, by and between COMERICA BANK ("Bank") and PAC-WEST TELECOMM, INC., PAC-WEST TELECOM OF VIRGINIA, INC., PWT SERVICES, INC., and PWT OF NEW YORK, INC. (each a “Borrower” and collectively, “Borrowers”).
Pac-West Telecomm Inc – SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (May 12th, 2006)This Second Amendment to Loan and Security Agreement (the “Amendment" ) is entered into as of February 17, 2006, by and between COMERICA BANK ("Bank") and PAC-WEST TELECOMM, INC., PAC- WEST TELECOM OF VIRGINIA, INC., PWT SERVICES, INC., and PWT OF NEW YORK, INC. (each a "Borrower" and collectively, "Borrowers").
Pac-West Telecomm Inc – Supplemental Financial and Operational Data March 31, 2006 · Condensed Consolidated Statements of Operations and Balance Sheets · Condensed Consolidated Statements of Cash Flows · Select Financial Ratios · Select Financial and Operational Metrics The following supplemental financial and operational data is being provided for the convenience of our investors and to assist their understanding of our business and financial results. Certain prior period amounts have been reclassified to conform to current period presentations. The supplemental financial and operational data may contain data that i (May 3rd, 2006)
Pac-West Telecomm Inc – NETWORK INTERCONNECTION AGREEMENT by and between Pac-West Telecomm, Inc. and Cox California Telcom, LLC (March 29th, 2006)Pursuant to this Network Interconnection Agreement (“Agreement”), Cox California Telcom, LLC (“Cox”) and, Pac-West Telecomm, Inc. (“Pac-West”) (collectively the “Parties”) agree to interconnect with each other within each LATA in which they both operate as competitive local exchange carriers within the state of California, as described and according to the terms, conditions and pricing specified hereunder.
Pac-West Telecomm Inc – COLLATERAL INSTALLMENT NOTE $ 4,474,588.64 November 30, 2005 (March 29th, 2006)FOR VALUE RECEIVED, PAC-WEST TELECOMM, INC., a corporation organized and existing under the laws of the State of California (“Customer”) hereby promises to pay to the order of MERRILL LYNCH CAPITAL, a division of MERRILL LYNCH BUSINESS FINANCIAL SERVICES INC., a corporation organized and existing under the laws of the State of Delaware (“MLC”), in lawful money of the United States, the principal sum of four million, four hundred seventy four thousand, five hundred eighty eight dollars and 64 /100 ($4,474,588.64 ) or if more or less, the aggregate amount advanced by MLC to Customer pursuant to the Loan Agreement (the “Loan Amount”); together with interest on the unpaid balance of the Loan Amount, from the Closing Date until payment, at the Interest Rate, as follows:
Pac-West Telecomm Inc – TERM LOAN AND SECURITY AGREEMENT (March 29th, 2006)TERM LOAN AND SECURITY AGREEMENT dated as of 30th day of November 2005, between Pac-West Telecomm, Inc., a corporation organized and existing under the laws of the State of Califorina having its principal office at 1776 W. March Lane, Stockton, CA 95207 (“Customer”), and Merrill Lynch Capital, a division of Merrill Lynch Business Financial Services Inc., a corporation organized and existing under the laws of the State of Delaware having its principal office at 222 North LaSalle Street, Chicago, IL 60601 (“MLC”).
Pac-West Telecomm Inc – Supplemental Financial and Operational Data (December 31, 2005) · Condensed Consolidated Statements of Operations and Balance Sheets · Condensed Consolidated Statements of Cash Flows · Select Financial Ratios · Select Financial and Operational Metrics (March 8th, 2006)The following supplemental financial and operational data is being provided for the convenience of our investors and to assist their understanding of our business and financial results. Certain prior period amounts have been reclassified to conform to current period presentations. The supplemental financial and operational data may contain data that is provided in, or derived from, our historical financial statements. Investors and others are encouraged to review such financial statements and notes thereto included in reports filed by us with the Securities and Exchange Commission to assist their understanding of such data. You should be advised, however, that we assume no obligation to update any such supplemental financial and operational data.
Pac-West Telecomm Inc – FIRST AMENDMENT TO EXECUTIVE AGREEMENT (December 29th, 2005)THIS FIRST AMENDMENT dated December 28, 2005, is made by and between Pac-West Telecomm, Inc., a California corporation (the “Company”) and Henry R. Carabelli (“Executive”) for the purpose of amending certain provisions of the Executive Agreement between the parties entered into as of July 1, 2003 (“the Executive Agreement”).
Pac-West Telecomm Inc – PAC-WEST TELECOMM, INC. 1999 STOCK INCENTIVE PLAN NOTICE OF RESTRICTED STOCK BONUS AWARD (December 29th, 2005)You (the “Grantee”) have been granted shares of Common Stock of the Company (the “Award”), subject to the terms and conditions of this Notice of Restricted Stock Bonus Award (the “Notice”), the Pac-West Telecomm, Inc. 1999 Stock Incentive Plan (the “Plan”), as amended from time to time, and the Restricted Stock Bonus Award Agreement (the “Agreement”) attached hereto, as follows. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Notice.
Pac-West Telecomm Inc – FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (December 7th, 2005)This First Amendment to Loan and Security Agreement (this “Amendment”) is dated as of November 30, 2005, but effective as of November 9, 2005, by and between COMERICA BANK (“Bank”) and PAC-WEST TELECOMM, INC., PAC-WEST TELECOM OF VIRGINIA, INC., PWT SERVICES, INC., and PWT OF NEW YORK, INC. (each a “Borrower” and collectively, “Borrowers”).
Pac-West Telecomm Inc – Confidential Treatment Requested by Pac-West Telecomm, Inc. (November 14th, 2005)
Pac-West Telecomm Inc – PAC-WEST TELECOMM, INC. PAC-WEST TELECOM OF VIRGINIA, INC. PWT SERVICES, INC. PWT OF NEW YORK, INC. LOAN AND SECURITY AGREEMENT Confidential Information Redacted and Filed Separately with the Commission. Omitted Portions Indicated by [**]. (November 14th, 2005)This LOAN AND SECURITY AGREEMENT is entered into as of November 9, 2005, by and between COMERICA BANK (“Bank”) and PAC-WEST TELECOMM, INC., PAC-WEST TELECOM OF VIRGINIA, INC., PWT SERVICES, INC., and PWT OF NEW YORK, INC. (each a “Borrower” and collectively, “Borrowers”).
