EXHIBIT 10.9 [MBT CAPITAL - LETTERHEAD] MDU Communications Inc., #108 - 11951 Hammersmith Way, RICHMOND, B.C., V7A 5H9. ATTENTION: DOUGLAS J. IRVING, DIRECTOR Gentlemen: This writing, when appropriately executed by the parties hereto, shall constitute...Assignment Agreement • April 28th, 2000 • Mdu Communications International Inc • Communications services, nec • British Columbia
EXHIBIT 6.1 ACQUISITION AGREEMENTAcquisition Agreement • May 12th, 1999 • Mdu Communications International Inc • Colorado
EXHIBIT 6.3Agreement • May 12th, 1999 • Mdu Communications International Inc
EXHIBIT 10.8 MUTUAL RELEASEMdu Communications International Inc • April 28th, 2000 • Communications services, nec • British Columbia
EXHIBIT 10.12Management Services Agreement • April 28th, 2000 • Mdu Communications International Inc • Communications services, nec • British Columbia
EXHIBIT 10.11Management Employment Agreement • April 28th, 2000 • Mdu Communications International Inc • Communications services, nec • British Columbia
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 11th, 2008 • Mdu Communications International Inc • Communications services, nec • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of the date of the signature of the Company set forth on the signature pages hereto, by and among MDU COMMUNICATIONS INTERNATIONAL, INC., a Delaware corporation, with its principal offices at 60-D Commerce Way, Totowa, New Jersey 07512 (including its wholly-owned subsidiary, MDU Communications (USA) Inc., as more fully described below, the “Company”), and each person identified as a Holder on the signature pages hereto (collectively, the “Holders”). All terms used herein but not defined herein shall have the meaning given to them in the Purchase Agreement (as defined below).
SUBSCRIPTION AGREEMENTSubscription Agreement • March 16th, 2004 • Mdu Communications International Inc • Communications services, nec • New York
This SUBSCRIPTION AGREEMENT (the “Subscription Agreement”) is made as of the date set forth on the signature page between MDU COMMUNICATIONS INTERNATIONAL, INC., a Delaware corporation, with its principal offices at 60-D Commerce Way, Totowa, New Jersey 07512 (including its two wholly-owned subsidiaries as more fully described below, the “Company”), and the undersigned subscriber (the “Investor”).
STOCK AND WARRANT PURCHASE AGREEMENTStock and Warrant Purchase Agreement • May 13th, 2005 • Mdu Communications International Inc • Communications services, nec • New York
This STOCK AND WARRANT PURCHASE AGREEMENT (this “Agreement”) is made as of the date of the signature of the Company set forth on the signature pages hereof, by and among MDU COMMUNICATIONS INTERNATIONAL, INC., a Delaware corporation, with its principal offices at 60-D Commerce Way, Totowa, New Jersey 07512 (including its two wholly-owned subsidiaries as more fully described below, the “Company”), and each person identified as an Investor on the signature pages hereto (collectively, the “Investors”).
WARRANT TO PURCHASE COMMON STOCK OF MDU COMMUNICATIONS INTERNATIONAL, INC.Mdu Communications International Inc • March 17th, 2004 • Communications services, nec
This is to Certify That, FOR VALUE RECEIVED, JRJ Capital or assigns ("Holder"), is entitled to purchase, subject to the provisions of this Warrant, from MDU Communications International, Inc., a Delaware corporation ("Company"), 40,000 fully paid, validly issued and nonassessable shares of common stock, par value $.001 per share, of the Company ("Common Stock"), at a purchase price equal to $0.65 per share at any time or from time to time commencing on the date hereof until October 1, 2006. The number of shares of Common Stock to be received upon the exercise of this Warrant and the price to be paid for each share of Common Stock may be adjusted from time to time as hereinafter set forth. The shares of Common Stock deliverable upon such exercise, and as adjusted from time to time, are hereinafter sometimes referred to as "Warrant Shares" and the exercise price of a share of Common Stock in effect at any time and as adjusted from time to time is hereinafter sometimes referred to as the
STOCK OPTION AGREEMENTStock Option Agreement • April 29th, 2009 • Mdu Communications International Inc • Communications services, nec • Florida
THIS AGREEMENT made as of this 20th day of April, 2009 between The Alan W. Steinberg Limited Partnership, a New York limited partnership, with its principal address at 1501 Venera Avenue, Suite 205, Coral Gables, FL 33146 (the “Optionor”), DED Enterprises Inc., a Florida corporation, with its principal address at 210 Crystal Grove Blvd., Lutz, FL 33548 (the “Optionee”), Carpathian Holding Company, Ltd: Nevis (“CHC”), and Carpathian Resources, Ltd: Australia (“CPN”).
WARRANT TO PURCHASE COMMON STOCK OF MDU COMMUNICATIONS INTERNATIONAL, INC.Mdu Communications International Inc • March 16th, 2004 • Communications services, nec
This is to Certify That, FOR VALUE RECEIVED, or assigns (“Holder”), is entitled to purchase, subject to the provisions of this Warrant, from MDU Communications International, Inc., a Delaware corporation (“Company”), fully paid, validly issued and nonassessable shares of common stock, par value $.001 per share, of the Company (“Common Stock”), at a purchase price equal to $1.75 per share at any time or from time to time commencing on the date hereof until November 24, 2006. The number of shares of Common Stock to be received upon the exercise of this Warrant and the price to be paid for each share of Common Stock may be adjusted from time to time as hereinafter set forth. The shares of Common Stock deliverable upon such exercise, and as adjusted from time to time, are hereinafter sometimes referred to as “Warrant Shares” and the exercise price of a share of Common Stock in effect at any time and as adjusted from time to time is hereinafter sometimes referred to as the “Exercise Price.”
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • May 15th, 2001 • Mdu Communications International Inc • Communications services, nec • Ontario
NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the representations, warranties, covenants and agreements hereinafter set forth and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by each of the parties), the parties represent, warrant, covenant and agree as follows:
WARRANT TO PURCHASE COMMON STOCK of MDU COMMUNICATIONS INTERNATIONAL, INC.Mdu Communications International Inc • May 13th, 2005 • Communications services, nec • New York
This Warrant (the “Warrant”) is issued to ________ or his, her or its permitted assigns (“Holder”) by MDU COMMUNICATIONS INTERNATIONAL, INC., a Delaware corporation (the “Company”), on November 24, 2004 (the “Warrant Issue Date”) for agreed upon consideration, receipt of which is hereby acknowledged.
WARRANT TO PURCHASE COMMON STOCK of MDU COMMUNICATIONS INTERNATIONAL, INC.Warrant • July 11th, 2008 • Mdu Communications International Inc • Communications services, nec • New York
This Warrant is one of one or more Warrants of the same form and having the same terms as this Warrant entitling the holders initially to purchase up to an aggregate of 375,000 shares of Common Stock. In order to induce the Holder and the other Lenders to enter into that certain Amended and Restated Loan and Security Agreement dated as of June 30, 2008 by and among MDU Communications (USA) Inc. and the Lenders (including all annexes, exhibits and schedules thereto and as from time to time amended, restated, supplemented or otherwise modified the “Loan Agreement”). The Holder is entitled to certain benefits as set forth therein.
EXHIBIT 10.14Dorset Realty • April 28th, 2000 • Mdu Communications International Inc • Communications services, nec
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • September 6th, 2013 • Mdu Communications International Inc • Communications services, nec • Illinois
ASSET PURCHASE AGREEMENT (the “Agreement”) dated as of September 4, 2013 by and among (a) Access Media 3, Inc., an Illinois corporation (“Purchaser”), (b) MDU Communications (USA) Inc., a Washington corporation (“Seller”), and (c) MDU Communications International, Inc., a Delaware corporation and the sole stockholder of Seller (the “Stockholder”). Certain capitalized terms used and not defined herein shall have the respective meanings set forth in Exhibit A hereto.
WARRANT TO PURCHASE COMMON STOCK OF MDU COMMUNICATIONS INTERNATIONAL, INC.Mdu Communications International Inc • August 28th, 2003 • Communications services, nec
This is to Certify That, FOR VALUE RECEIVED, or assigns ("Holder"), is entitled to purchase, subject to the provisions of this Warrant, from MDU Communications International, Inc., a Delaware corporation ("Company"), fully paid, validly issued and nonassessable shares of common stock, par value $.001 per share, of the Company ("Common Stock"), at a purchase price equal to $.33 per share at any time or from time to time commencing on the date hereof until June 24, 2008. The number of shares of Common Stock to be received upon the exercise of this Warrant and the price to be paid for each share of Common Stock may be adjusted from time to time as hereinafter set forth. The shares of Common Stock deliverable upon such exercise, and as adjusted from time to time, are hereinafter sometimes referred to as "Warrant Shares" and the exercise price of a share of Common Stock in effect at any time and as adjusted from time to time is hereinafter sometimes referred to as the "Exercise Price."
EXHIBIT 4.8Mdu Communications International Inc • April 28th, 2000 • Communications services, nec • British Columbia
REPLACEMENT CONVERTIBLE PROMISSORY NOTE AND LOAN AGREEMENTMdu Communications International Inc • April 28th, 2000 • Communications services, nec • British Columbia
This note is in replacement of the convertible promissory notes dated _____, 1999 (for $______USD) and _______, 1999 (for $______USD) to __________, which original promissory notes have been returned to the Company and cancelled. For value received (the receipt and sufficiency of which is hereby acknowledged above), MDU COMMUNICATIONS INC., a corporation with an office at #108 - 11951 Hammersmith Way, Richmond, British Columbia, V&A 5H9, (the "Company") hereby promises to and will pay to the order of _____________ (the "Note Holder") on or before ____________ (the "Due Date") and thereafter on demand the principal sum of Sixty Five Thousand U.S. Dollars ($____________ US)(the "Principal") and to pay interest on the Principal hereof at the rate of _____% per annum calculated and compounded monthly (from the above two inception dates) and until paid from the date that Principal is advanced hereunder and payable thereafter upon the Principal becoming due.
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of September 11, 2006 (as amended and restated as of June 30, 2008) Between MDU COMMUNICATIONS (USA) INC. (Borrower) and FCC, LLC, d/b/a First Capital (as Agent and as Lender) and FULL CIRCLE...Loan and Security Agreement • July 11th, 2008 • Mdu Communications International Inc • Communications services, nec • New York
This AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of the 11th day of September, 2006 (as amended and restated as of June 30, 2008) between MDU Communications (USA) Inc., a Washington corporation (“Borrower”), and Full Circle Funding, L.P., a Delaware limited partnership (“Full Circle”) and FCC, LLC, d/b/a FIRST CAPITAL, a Florida limited liability company (“First Capital”) in its capacity as a Lender and as Agent, (each of Full Circle and First Capital a “Lender” and collectively “Lenders”).
PURCHASE AGREEMENT between MDU COMMUNICATIONS INTERNATIONAL, INC., a Delaware corporation and DIGITAL SOLUTIONS, L.L.C., a Connecticut limited liability company and the individual COMPANY MEMBERS of Digital Solutions, L.L.C. Dated as of April 30, 2001Purchase Agreement • May 15th, 2001 • Mdu Communications International Inc • Communications services, nec • New Jersey
THIS PURCHASE AGREEMENT (the "Agreement") is made and entered into as of April 30, 2001, by and among MDU Communications International, Inc., a Delaware corporation ("Buyer") with principal office at 108-11951 Hammersmith Way, Richmond, BC, Canada and Digital Solutions, L.L.C., a Connecticut limited liability company ("Company") with principal office at 1300 Post Road East, Westport, Connecticut and the individual members of the Company ("Company Members") with addresses set forth herein.
EXHIBIT 6.4Qualified Stock Option Agreement • May 12th, 1999 • Mdu Communications International Inc
EXHIBIT 6.5Qualified Stock Option Agreement • May 12th, 1999 • Mdu Communications International Inc
EXHIBIT 6.2Mdu System Operator Agreement • May 12th, 1999 • Mdu Communications International Inc • Alberta
STOCK PLEDGE AGREEMENTStock Pledge Agreement • September 15th, 2006 • Mdu Communications International Inc • Communications services, nec • New York
THIS STOCK PLEDGE AGREEMENT, dated as of September 11, 2006, is executed and delivered by MDU Communications International, Inc. (“Pledgor”), in favor of FCC, LLC d/b/a First Capital and Full Circle Funding, L.P. (collectively the “Secured Party”).
EXHIBIT 10.5 MDU COMMUNICATIONS INTERNATIONAL, INC. Series A Convertible Preferred Stock REGISTRATION AGREEMENTMdu Communications International Inc • April 28th, 2000 • Communications services, nec • Delaware
GUARANTY OF CORPORATIONGuaranty of Corporation • September 15th, 2006 • Mdu Communications International Inc • Communications services, nec • New York
THIS GUARANTY OF CORPORATION, dated as of September 11, 2006 (this “Guaranty”), is made by MDU COMMUNICATIONS INTERNATIONAL, INC. a Delaware corporation (“Guarantor”), in favor of FCC, LLC d/b/a/ First Capital (“Lender”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 15th, 2006 • Mdu Communications International Inc • Communications services, nec • New York
This LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of this 11th day of September, 2006 between MDU Communications (USA) Inc., a Washington corporation (“Borrower”), and Full Circle Funding, L.P., a Delaware limited partnership (“Full Circle”) and FCC, LLC, d/b/a FIRST CAPITAL, a Florida limited liability company (“First Capital”) in its capacity as a Lender and as Agent, (each of Full Circle and First Capital a “Lender” and collectively “Lenders”).
ASSET PURCHASE AGREEMENT BETWEEN MDU COMMUNICATIONS (USA) INC. AND DIRECT SATELLITE, INC. MAY 18, 2004Asset Purchase Agreement • June 15th, 2004 • Mdu Communications International Inc • Communications services, nec • Illinois
This Asset Purchase Agreement (this “Agreement”) is made and entered into this 18th day of May 2004 between Direct Satellite, Inc., an Illinois corporation (“Seller”), and MDU Communications (USA) Inc., a Washington corporation (“Buyer”). (Each of Buyer and Seller may be referred to herein individually as a “Party” and collectively as the “Parties.”)
ContractWarrant • July 26th, 2004 • Mdu Communications International Inc • Communications services, nec • New York
THIS WARRANT AND THE SECURITIES ISSUABLE UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED, OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, OR PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER SUCH ACT OR UNLESS SOLD PURSUANT TO RULE 144 UNDER SUCH ACT.
3COM VBN APPLICATION SERVICE PROVIDER MASTER PURCHASE SALES AGREEMENTMaster Purchase Sales Agreement • June 30th, 2000 • Mdu Communications International Inc • Communications services, nec • California
RECITALSDirectv Mdu System Operator Agreement • June 30th, 2000 • Mdu Communications International Inc • Communications services, nec • California
WARRANT TO PURCHASE COMMON STOCK OF MDU COMMUNICATIONS INTERNATIONAL, INC.Mdu Communications International Inc • July 26th, 2004 • Communications services, nec
This is to Certify That, FOR VALUE RECEIVED, _______________ or assigns ("Holder"), is entitled to purchase, subject to the provisions of this Warrant, from MDU Communications International, Inc., a Delaware corporation ("Company"), 250,000 fully paid, validly issued and nonassessable shares of common stock, par value $.001 per share, of the Company ("Common Stock"), at a purchase price equal to $1.84 per share commencing on the date hereof (“Date of Issuance”) until February 12, 2008. The number of shares of Common Stock to be received upon the exercise of this Warrant and the price to be paid for each share of Common Stock may be adjusted from time to time as hereinafter set forth. The shares of Common Stoc k deliverable upon such exercise, and as adjusted from time to time, are hereinafter sometimes referred to as "Warrant Shares" and the exercise price of a share of Common Stock in effect at any time and as adjusted from time to time is hereinafter sometimes referred to as the "Exe
SUBSCRIPTION AGREEMENTSubscription Agreement • July 26th, 2004 • Mdu Communications International Inc • Communications services, nec • New York
This SUBSCRIPTION AGREEMENT (the “Subscription Agreement”) is made as of the date set forth on the signature page between MDU COMMUNICATIONS INTERNATIONAL, INC., a Delaware corporation, with its principal offices at 60-D Commerce Way, Totowa, New Jersey 07512 (including its two wholly-owned subsidiaries as more fully described below, the “Company”), and the undersigned subscriber (the “Investor”).
