EXHIBIT 10.16 REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this "Agreement") is made and entered into as of December 20, 2007, by and among Suncrest Global Energy Corp, a Nevada corporation (the "Company") and Laidlaw & Co. (UK)...Registration Rights Agreement • December 28th, 2007 • Suncrest Global Energy Corp • Non-operating establishments • New York
EXHIBIT 10.4 NEITHER THIS WARRANT NOR THE SHARES OF COMMON STOCK ISSUABLE UPON EXERCISE HEREOF HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND HAVE BEEN ACQUIRED FOR INVESTMENT AND NOT WITH A VIEW TO, OR IN CONNECTION WITH, THE...Suncrest Global Energy Corp • December 28th, 2007 • Non-operating establishments • New York
EXHIBIT 10.13 EXECUTION COPY EXHIBIT 10.13 AGREEMENT AND PLAN OF MERGER dated October 15, 2007 by and among BEACON ENTERPRISE SOLUTIONS GROUP, INC., BELL- HAUN SYSTEMS, INC. BH ACQUISITION SUB, INC.Agreement and Plan of Merger • December 28th, 2007 • Suncrest Global Energy Corp • Non-operating establishments • Kentucky
Exhibit 10.12 SECURITY AGREEMENT This SECURITY AGREEMENT (this "Agreement") is made and entered into as of this 20th day of December, 2007, by and between Beacon Enterprise Solutions Group Inc., an Indiana corporation (the "Buyer"), and RFK...Security Agreement • December 28th, 2007 • Suncrest Global Energy Corp • Non-operating establishments • Kentucky
Exhibit 99.8 EXECUTIVE EMPLOYMENT AGREEMENT This EXECUTIVE EMPLOYMENT AGREEMENT (this "Agreement") is made as of December __, 2007 by and between Beacon Enterprise Solutions Group, Inc., an Indiana corporation (the "Company"), and Bruce Widener...Executive Employment Agreement • February 19th, 2008 • Suncrest Global Energy Corp • Non-operating establishments • Kentucky
EXHIBIT 10.3 NEITHER THIS WARRANT NOR THE SHARES OF COMMON STOCK ISSUABLE UPON EXERCISE HEREOF HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND HAVE BEEN ACQUIRED FOR INVESTMENT AND NOT WITH A VIEW TO, OR IN CONNECTION WITH, THE...Suncrest Global Energy Corp • December 28th, 2007 • Non-operating establishments • New York
Exhibit 10.8 SECURITY AGREEMENT This SECURITY AGREEMENT (this "Agreement") is made and entered into as of this ____ day of December 2007, by and among BEACON ENTERPRISE SOLUTIONS GROUP INC., an Indiana corporation (the "Buyer"), and CETCON...Security Agreement • December 28th, 2007 • Suncrest Global Energy Corp • Non-operating establishments • Kentucky
EXHIBIT 10.11 ASSET PURCHASE AGREEMENT dated October 15, 2007 by and among BEACON ENTERPRISE SOLUTIONS GROUP, INC., RFK COMMUNICATIONS, LLCAsset Purchase Agreement • December 28th, 2007 • Suncrest Global Energy Corp • Non-operating establishments • Kentucky
Exhibit 10.1 PROMISSORY NOTESuncrest Global Energy Corp • May 15th, 2008 • Non-operating establishments • Kentucky
COMMON STOCK PURCHASE WARRANT FTE NETWORKS, INC.FTE Networks, Inc. • November 21st, 2016 • Telephone communications (no radiotelephone)
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, ____________________________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on __________, 2021 (the “Termination Date”) but not thereafter, to subscribe for and purchase from FTE Networks, Inc., a Nevada corporation (the “Company”), up to _______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
EXHIBIT 10.9 ASSET PURCHASE AGREEMENT dated October 15, 2007 by and among BEACON ENTERPRISE SOLUTIONS GROUP, INC., STRATEGIC COMMUNICATIONS, LLCAsset Purchase Agreement • December 28th, 2007 • Suncrest Global Energy Corp • Non-operating establishments • Kentucky
Exhibit 99.4 EXECUTIVE EMPLOYMENT AGREEMENT This EXECUTIVE EMPLOYMENT AGREEMENT (this "Agreement") is made as of December __, 2007 by and between Beacon Enterprise Solutions Group, Inc., an Indiana corporation (the "Company"), and Kenneth E. Kerr...Release Agreement • February 19th, 2008 • Suncrest Global Energy Corp • Non-operating establishments • Kentucky
EXHIBIT 2.1 SECURITIES EXCHANGE AGREEMENT BY AND AMONG SUNCREST GLOBAL ENERGY CORP. BEACON ENTERPRISE SOLUTIONS GROUP, INC.Securities Exchange Agreement • December 28th, 2007 • Suncrest Global Energy Corp • Non-operating establishments • Kentucky
S E C U R I T I E S P U R C H A S E A G R E E M E N TSecurities Purchase Agreement • March 11th, 2019 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • Utah
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of March 21, 2018, is entered into by and between FTE NETWORKS, INC., a Nevada corporation (“Company”), and ST. GEORGE INVESTMENTS LLC, a Utah limited liability company, its successors and/or assigns (“Investor”).
FTE NETWORKS, INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 8th, 2019 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of July 2, 2019 among FTE Networks, Inc., a Nevada corporation (the “Company”), each of the investors listed on the signature pages hereto under the caption “Lateral Investors” (collectively, the “Lateral Investors”), the Benchmark Parties (as defined herein) and each other Person who executes a Joinder as an “Other Holder” (collectively, the “Other Holders”). Except as otherwise specified herein, all capitalized terms used in this Agreement are defined in Exhibit A attached hereto.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 11th, 2019 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • Nevada
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of October 25, 2018, by and between FTE NETWORKS, INC., a Nevada corporation, with headquarters located at 999 Vanderbilt Beach Rd., Suite 601, Naples, FL 34108 (the “Company”), and CROWN BRIDGE PARTNERS, LLC, a New York limited liability company, with its address at 1173a 2nd Avenue, Suite 126, New York, NY 10065 (the “Buyer”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 16th, 2020 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of March 10, 2020, by and between FTE NETWORKS, INC, a Nevada corporation, with headquarters located at 237 W. 35th Street, Suite 601, New York, NY 10001 (the “Company”), and GS CAPITAL PARTNERS, LLC a New York limited liability company, with its address at 30 Broad Street, Suite 5L, Brooklyn, NY 11201 (the “Buyer”).
LOAN AGREEMENT Dated as of August 26, 2020 among THE ENTITIES SET FORTH ON SCHEDULE 1 ATTACHED HERETO, individually and collectively, as Borrower and DLP LENDING FUND LLC, as LenderLoan Agreement • November 5th, 2020 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • Pennsylvania
STANDSTILL AGREEMENTStandstill Agreement • October 11th, 2019 • FTE Networks, Inc. • Telephone communications (no radiotelephone)
In connection with the transactions contemplated by that certain Proposal For Surrender Of Collateral And Strict Foreclosure (the “Proposal”), dated as of October 10, 2019, to FTE Networks, Inc. (“FTE”), and certain other parties named therein, from Lateral Juscom Feeder LLC, in order to induce FTE to enter into the Proposal and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you hereby agree as set forth herein.
PREFERRED STOCK REPURCHASE AGREEMENTPreferred Stock Repurchase Agreement • December 30th, 2019 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • Nevada
This PREFERRED STOCK REPURCHASE AGREEMENT (the “Agreement”) is made as of the 23rd day of December, 2019, by and among FTE Networks, Inc., a Nevada corporation (the “Company”), and each of the parties set forth on Exhibit A hereto (each individually a “Seller” and collectively, the “Sellers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 19th, 2008 • Beacon Enterprise Solutions Group Inc • Non-operating establishments • New York
EMPLOYMENT AGREEMENTEmployment Agreement • June 3rd, 2015 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • Pennsylvania
As of the 14th day of October, 2013 (the “Effective Date”), this Employment Agreement (“Agreement”) is entered into by and between Focus Venture Partners, Inc. (the “Company”), and John Wood (the “Employee”).
AGREEMENT TO EXCHANGE SERIES A AND A-1 CONVERTIBLE PREFERRED STOCK FOR SERIES H PREFERRED STOCKAgreement • July 8th, 2019 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • Nevada
THIS AGREEMENT (this “Agreement”) effective as of 3:02 p.m., July 2, 2019 (the “Effective Time”), by and between [Brian McMahon][Fred Sacramone] (“Holder”), and FTE Networks, Inc., a Nevada corporation (the “Company”).
AGREEMENT REGARDING DEBT AND SERIES H PREFERRED STOCKAgreement Regarding Debt and Series H Preferred Stock • October 11th, 2019 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • New York
This Agreement Regarding Debt and Series H Preferred Stock (the “Agreement”), is made as of October 10, 2019, by and among FTE Networks, Inc., a Nevada corporation (the “Company”), Fred Sacramone (“Sacramone”) and Brian McMahon (“McMahon).
AMENDMENT NO. 1 TO STOCK PURCHASE AGREEMENTStock Purchase Agreement • April 25th, 2017 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • New York
This Amendment No. 1 to Stock Purchase Agreement (this “Amendment”), dated as of April 20, 2017 (the “Amendment Effective Date”), is entered into by and among (i) FTE Networks, Inc., a Nevada corporation (the “Buyer”); (ii) Benchmark Builders, Inc., a New York corporation (the “Company”); and (iii) Brian McMahon (“McMahon”), Fred Sacramone (“Sacramone”), William Reynolds, Irena Spyt, Blaine Henn and Richard Prevost (the “Sellers” and collectively with the Company and the Buyer, the “Parties” and each, a “Party”).
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of July 2, 2019 by and among JUS-COM, INC., as a Person composing Borrower, FTE NETWORKS, INC., as a Person composing Borrower, BENCHMARK BUILDERS, INC., as a Person composing Borrower, THE OTHER PERSONS...Credit Agreement • July 8th, 2019 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • New York
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • August 12th, 2009 • Beacon Enterprise Solutions Group Inc • Telephone communications (no radiotelephone) • Kentucky
This EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is made as of May 22, 2009 by and between Beacon Enterprise Solutions Group, Inc., an Indiana corporation (the “Company”), and Richard C. Mills (“Executive”). This Agreement replaces the Executive Employment Agreement entered into between the parties on December 21, 2007.
BEACON ENTERPRISE SOLUTIONS GROUP, INC. SELLING AGENT AGREEMENTSelling Agent Agreement • December 29th, 2009 • Beacon Enterprise Solutions Group Inc • Telephone communications (no radiotelephone) • New York
BEACON ENTERPRISE SOLUTIONS GROUP, INC., a corporation organized under the laws of Nevada (the “Company”), proposes to offer for sale (the “Offering”) in a private offering pursuant to Regulation D promulgated under the Securities Act of 1933, as amended (the “Act”) an aggregate amount of up to $3,000,000 (the “Offering Amount”) of units (each a “Unit,” and, collectively, the “Units”) at a price of $0.80 per Unit (the “Offering”). Each Unit consists of (i) one share of the Company Common Stock (the “Company Common Stock”) and (ii) a five (5) year warrant (the “Investor Warrants”) to purchase 0.50 shares of the Company Common Stock at a price of $1.00 per share. The Company reserves the right to increase the Offering Amount by 1,250,000 Units or $1,000,000 of gross proceeds in its discretion. The Units, Company Common Stock and Investor Warrants are sometimes collectively referred to as the “Securities”). This letter agreement shall confirm our agreement concerning [NAME OF SELLING AGEN
ContractFTE Networks, Inc. • April 5th, 2021 • Telephone communications (no radiotelephone)
THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “1933 ACT”) OR THE SECURITIES LAWS OF ANY STATE, AND MAY NOT BE SOLD, TRANSFERRED, ASSIGNED OR HYPOTHECATED UNLESS PURSUANT TO SEC RULE 144 OR UNLESS THERE IS AN EFFECTIVE REGISTRATION STATEMENT UNDER THE 1933 ACT AND THE SECURITIES LAWS OF ANY STATE COVERING SUCH SECURITIES OR SUCH SALE, TRANSFER, ASSIGNMENT OR HYPOTHECATION IS EXEMPT FROM THE REGISTRATION AND PROSPECTUS DELIVERY REQUIREMENTS OF THE 1933 ACT AND THE SECURITIES LAWS OF ANY STATE.
STOCK PURCHASE AGREEMENT By and Among FTE Networks, Inc., as Buyer, Benchmark Builders, Inc., as the Company and THE STOCKHOLDERS OF THE COMPANY, as Sellers March 9, 2017Employment Agreement • March 9th, 2017 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • New York
THIS STOCK PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of March 9, 2017 (the “Effective Date”), by and among, (i) FTE Networks, Inc., a Nevada corporation (the “Buyer”); (ii) Benchmark Builders, Inc., a New York corporation (the “Company”); and (iii) Brian McMahon (“McMahon”), Fred Sacramone (“Sacramone”), William Reynolds, Irena Spyt, Blaine Henn and Richard Prevost (the “Sellers” and collectively with the Company and the Buyer, the “Parties” and each, a “Party”).
ContractFTE Networks, Inc. • April 5th, 2021 • Telephone communications (no radiotelephone)
THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “1933 ACT”) OR THE SECURITIES LAWS OF ANY STATE, AND MAY NOT BE SOLD, TRANSFERRED, ASSIGNED OR HYPOTHECATED UNLESS PURSUANT TO SEC RULE 144 OR UNLESS THERE IS AN EFFECTIVE REGISTRATION STATEMENT UNDER THE 1933 ACT AND THE SECURITIES LAWS OF ANY STATE COVERING SUCH SECURITIES OR SUCH SALE, TRANSFER, ASSIGNMENT OR HYPOTHECATION IS EXEMPT FROM THE REGISTRATION AND PROSPECTUS DELIVERY REQUIREMENTS OF THE 1933 ACT AND THE SECURITIES LAWS OF ANY STATE.
Luisa IngargiolaFTE Networks, Inc. • February 16th, 2016 • Telephone communications (no radiotelephone) • Florida
Exhibit 99.1 EXECUTIVE EMPLOYMENT AGREEMENT This EXECUTIVE EMPLOYMENT AGREEMENT (this "Agreement") is made as of December __, 2007 by and between Beacon Enterprise Solutions Group, Inc., an Indiana corporation (the "Company"), and Thomas O. Bell...Release Agreement • February 19th, 2008 • Suncrest Global Energy Corp • Non-operating establishments • Kentucky
AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT dated as of June 19, 2013 amongGuarantee and Collateral Agreement • June 25th, 2013 • Beacon Enterprise Solutions Group Inc • Telephone communications (no radiotelephone)
This Amended and Restated Guarantee and Collateral Agreement, dated as of June 19, 2013 (this “Agreement”), made by each signatory hereto (together with any other Person that becomes a party hereto as provided herein, “Grantors”), in favor of ATALAYA ADMINISTRATIVE LLC, in its capacity as administrative agent ("Agent") for all Lenders party to the Credit Agreement (as hereafter defined).
Form of Initial Term Loan NoteFTE Networks, Inc. • November 3rd, 2015 • Telephone communications (no radiotelephone)
FOR VALUE RECEIVED, the undersigned, JUS-COM, INC., an Indiana corporation (the “Borrower”), hereby promises to pay to the order of the Lender set forth above (the “Lender”) the Principal Amount set forth above, or, if less, the aggregate unpaid principal amount of the Initial Term Loan of the Lender to the Borrower, payable at such times and in such amounts as are specified in the Credit Agreement referred to below. Capitalized terms used herein without definition are used as defined in the Credit Agreement.
