FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 5th, 2022 • Ribbon Communications Inc. • Services-computer integrated systems design • New York
THIS Credit Agreement (this “Agreement”), dated as of March 3, 2020, is entered into by and among RIBBON COMMUNICATIONS INC., a Delaware corporation (“Holdings”), RIBBON COMMUNICATIONS OPERATING COMPANY, INC., a Delaware corporation formerly known as Sonus Networks, Inc. (the “Borrower”), the several banks and other financial institutions or entities from time to time party to this Agreement (each a “Lender” and, collectively, the “Lenders”), CITIZENS BANK, N.A. (“Citizens”), as the Issuing Lender and the Swingline Lender, and Citizens, as Administrative Agent.
SENIOR SECURED CREDIT FACILITIES CREDIT AGREEMENT dated as of March 3, 2020, among RIBBON COMMUNICATIONS INC., as a Guarantor, RIBBON COMMUNICATIONS OPERATING COMPANY, INC., as the Borrower, The Several Lenders from Time to Time PartY Hereto, CITIZENS...Credit Agreement • March 4th, 2020 • Ribbon Communications Inc. • Services-computer integrated systems design • New York
THIS Credit Agreement (this “Agreement”), dated as of March 3, 2020, is entered into by and among RIBBON COMMUNICATIONS INC., a Delaware corporation (“Holdings”), RIBBON COMMUNICATIONS OPERATING COMPANY, INC., a Delaware corporation formerly known as Sonus Networks, Inc. (the “Borrower”), the several banks and other financial institutions or entities from time to time party to this Agreement (each a “Lender” and, collectively, the “Lenders”), CITIZENS BANK, N.A. (“Citizens”), as the Issuing Lender and the Swingline Lender, and Citizens, as Administrative Agent.
AMENDED AND RESTATED VOTING AGREEMENTVoting Agreement • December 7th, 2020 • Ribbon Communications Inc. • Services-computer integrated systems design • Delaware
This Amended and restated voting Agreement (this “Agreement”) is made and entered into as of December 1, 2020, by and among Ribbon Communications Operating Company, Inc., a Delaware corporation (“RCOCI”), Ribbon Communications International Limited, an Ireland company (“RCIL”, and together with RCOCI, each a “Seller” and collectively the “Sellers”), Ribbon Communications Inc., a Delaware corporation (“Parent”), and the undersigned holder (the “Holder”) of securities of American Virtual Cloud Technologies, Inc., a Delaware corporation (the “Company”). Capitalized terms used but not defined herein have the meaning attributed to them in the Purchase Agreement (as defined below).
AMENDED AND RESTATED PURCHASE AGREEMENT among RIBBON COMMUNICATIONS INC., RIBBON COMMUNICATIONS OPERATING COMPANY, INC., RIBBON COMMUNICATIONS INTERNATIONAL LIMITED and AMERICAN VIRTUAL CLOUD TECHNOLOGIES, INC. dated as of December 1, 2020Purchase Agreement • December 7th, 2020 • Ribbon Communications Inc. • Services-computer integrated systems design • Delaware
This Amended and Restated Purchase Agreement (this “Agreement”), dated as of December 1, 2020, is entered into by and among Ribbon Communications Inc., a Delaware corporation (“Parent”), Ribbon Communications Operating Company, Inc., a Delaware corporation (“RCOCI”), Ribbon Communications International Limited, an Ireland company (“RCIL”, and together with RCOCI, each a “Seller” and collectively the “Sellers”), and American Virtual Cloud Technologies, Inc., a Delaware corporation (“Buyer”). Sellers and Buyer are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties”.
SENIOR SECURED CREDIT FACILITIES AMENDED AND RESTATED CREDIT AGREEMENT dated as of April 29, 2019, among RIBBON COMMUNICATIONS INC., as a Guarantor, RIBBON COMMUNICATIONS OPERATING COMPANY, INC., as the Borrower, THE SEVERAL LENDERS FROM TIME TO TIME...Credit Agreement • May 2nd, 2019 • Ribbon Communications Inc. • Services-computer integrated systems design • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of April 29, 2019, is entered into by and among RIBBON COMMUNICATIONS INC., a Delaware corporation (“Holdings”), RIBBON COMMUNICATIONS OPERATING COMPANY, INC., a Delaware corporation formerly known as Sonus Networks, Inc. (the “Borrower”), the several banks and other financial institutions or entities from time to time party to this Agreement (each a “Lender” and, collectively, the “Lenders”), SILICON VALLEY BANK (“SVB”), as the Issuing Lender and the Swingline Lender, and SVB, as Administrative Agent.
Severance AgreementSeverance Agreement • April 30th, 2021 • Ribbon Communications Inc. • Services-computer integrated systems design • Delaware
THIS SEVERANCE AGREEMENT (the “Agreement”) is entered into as of May 26, 2020, and effective as of the Start Date (as defined in the Employment Letter), between Ribbon Communications Inc. (“Ribbon”), Sonus Networks, Inc. d/b/a Ribbon Communications Operating Company, Inc. (“RCOC” and together with Ribbon, the “Company”) and Patrick Macken (“Executive” or “you”).
FORM OF SECOND AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT Among RIBBON COMMUNICATIONS INC. and THE STOCKHOLDERS OF RIBBON COMMUNICATIONS INC. THAT ARE PARTIES HERETO Dated as of August 12, 2022Registration Rights Agreement • August 16th, 2022 • Ribbon Communications Inc. • Services-computer integrated systems design • Delaware
This SECOND AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of August 12, 2022, is made by and among (i) Ribbon Communications Inc., a Delaware corporation (the “Company”), (ii) JPMC Heritage Parent LLC, a Delaware limited liability company (“JPMC”), and Heritage PE (OEP) III, L.P., a Cayman Islands exempted limited partnership (together with JPMC, the “OEP Stockholders”), (iii) Swarth Investments Ltd., a company incorporated under the Laws of Guernsey (the “Swarth Stockholder”), (iv) each of the other purchasers (collectively, with the OEP Stockholders and the Swarth Stockholder, the “Purchasers”) party to the Securities Purchase Agreement (as defined below) and (v) any other stockholder who from time to time becomes a party to this Agreement by execution of a joinder agreement in the form of Exhibit A hereto (a “Joinder Agreement”) in accordance with Section 3.07 (collectively, the “Stockholders”).
Ribbon Communications Inc. Non-Statutory Stock Option Award AgreementNon-Statutory Stock Option Award Agreement • October 31st, 2019 • Ribbon Communications Inc. • Services-computer integrated systems design • Delaware
This NON-STATUTORY STOCK OPTION AWARD AGREEMENT (the “Agreement”) is made effective as of (the “Grant Date”), between Ribbon Communications Inc., a Delaware corporation (the “Company”), and (the “Participant” or “you”).
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 4th, 2021 • Ribbon Communications Inc. • Services-computer integrated systems design • New York
THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of March 3, 2021, is by and among (a) RIBBON COMMUNICATIONS OPERATING COMPANY, INC., a Delaware corporation formerly known as Sonus Networks, Inc. (the “Borrower”), (b) the Guarantors party hereto, (c) the Existing Lenders (as hereinafter defined) party hereto, (d) the banks and financial institutions providing the Third Amendment Term Loan (as defined below) (collectively, the “Third Amendment Term Loan Lenders”), (e) each of the lenders identified on the signature page hereto as a New Lender (the “New Lenders”, and together with the Existing Lenders and the Third Amendment Term Loan Lenders, the “Lenders”), and (f) CITIZENS BANK, N.A., as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement (as hereinafter defined).
EMPLOYMENT AGREEMENTEmployment Agreement • March 5th, 2019 • Ribbon Communications Inc. • Services-computer integrated systems design • New York
THIS EMPLOYMENT AGREEMENT (this "Agreement" ) is made and entered into as of August 12, 2013, by and between GENBAND Management Services Corp., a Delaware corporation (the "Company"), GENBAND Holdings Company, a Cayman Islands exempted company limited by shares (“Cayman Holdings"), GENBAND US LLC, a Delaware limited liability company ("GENBAND LLC”), GENBAND Inc., a Delaware corporation ("Holdco", and together with the Company, Cayman Holdings and GENBAND LLC, the "GENBAND Parties"), and David A. Walsh (the" Executive").
Restricted Stock Unit Award Agreement (Performance-Based Vesting)Restricted Stock Unit Award Agreement • March 16th, 2020 • Ribbon Communications Inc. • Services-computer integrated systems design • Delaware
THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (the “Agreement”), is entered into and made effective as of March 16, 2020 (the “Grant Date”), between Ribbon Communications Inc., a Delaware corporation (the “Company”), and Bruce McClelland (the “Participant”).
Ribbon Communications Inc. 2019 Incentive Award Plan Restricted Stock Unit Award Agreement (Time-Based Vesting)Restricted Stock Unit Award Agreement • October 31st, 2019 • Ribbon Communications Inc. • Services-computer integrated systems design • Delaware
THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (the “Agreement”) is made effective as of (the “Grant Date”) between Ribbon Communications Inc., a Delaware corporation (the “Company”), and (the “Participant”).
Ribbon Communications Inc. Restricted Stock Award AgreementRestricted Stock Award Agreement • October 31st, 2019 • Ribbon Communications Inc. • Services-computer integrated systems design • Delaware
This RESTRICTED STOCK AWARD AGREEMENT (the “Agreement”) is made effective as of (the “Grant Date”), between Ribbon Communications Inc., a Delaware corporation (the “Company”), and (the “Participant”).
STRICTLY PERSONAL AND CONFIDENTIALStrictly Personal and Confidential • March 5th, 2019 • Ribbon Communications Inc. • Services-computer integrated systems design
This letter (“Letter Agreement”) confirms that, effective January 14, 2019 (the “Transition Date”), you will no longer be the Global Head of Sales for the Company and, following the Transition Date, your employment with Ribbon Communications Operating Company, Inc. will terminate as of the close of business on March 31, 2019 (the “Termination Date”), in accordance with Section 7 of that certain Employment Agreement, dated September 19, 2014, between you and Sonus Networks, Inc. (“Employment Agreement”). Between the Transition Date and the Termination Date, you will continue to be employed by the Company and agree to use your best efforts to provide transition assistance to the Sales organization as directed by the Company to ensure a smooth and fulsome transition of your duties and knowledge to Steven Bruny or such other person designated by the Company. This Letter Agreement sets forth certain agreements that have been reached between you and the Company (as hereinafter defined) in co
INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • December 7th, 2020 • Ribbon Communications Inc. • Services-computer integrated systems design • Delaware
THIS INVESTOR RIGHTS AGREEMENT (this “Agreement”), dated as of December 1, 2020, is made and entered into by and among American Virtual Cloud Technologies, Inc., a Delaware corporation (the “Company”),the undersigned party listed under the heading “Holder” on the signature page hereto (and, together with any person or entity who hereafter becomes a party to this Agreement pursuant to Section 6.2 of this Agreement, each a “Holder” and collectively the “Holders”), and solely for purposes of Section 7.1 of this Agreement, the undersigned parties listed under the heading “Significant Holders” on the signature page hereto (collectively, the “Significant Holders”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 5th, 2019 • Ribbon Communications Inc. • Services-computer integrated systems design • Texas
GENBAND Management Services Corp., a Delaware Corporation (“the “Company”), GENBAND Holdings Company, a Cayman Islands exempted company limited by shares (“Cayman Holdings”), GENBAND US LLC, a Delaware limited liability company (“GENBAND LLC”), GENBAND Inc., a Delaware Corporation (“Holdco”), and together with the Company, Cayman Holdings and GENBAND LLC (the “GENBAND Parties”), and David Walsh (the “Executive”) (collectively, “Parties”) are entering into this Amendment 1 (“Amendment”) to that Employment Agreement between the Parties dated August 12, 2013 (“Agreement”), effective as of the 23rd day of October, 2017. Capitalized terms that are used and not otherwise defined in this Amendment shall have the respective meanings ascribed to such terms in the Agreement (as defined below).
STRICTLY PERSONAL AND CONFIDENTIALLetter Agreement • March 5th, 2019 • Ribbon Communications Inc. • Services-computer integrated systems design
This letter (“Letter Agreement”) confirms that your employment with Ribbon Communications Operating Company, Inc. will terminate as of the close of business on February 1, 2019 (the “Termination Date”), in accordance with Section 10(a) of that certain Employment Agreement by and between you, GENBAND Management Services Corp., GENBAND Holdings Company, GENBAND US LLC and GENBAND Inc., dated August 12, 2013, as amended on October 23, 2017 (hereinafter, the “Employment Agreement”), and sets forth certain agreements that have been reached between you and the Company (as hereinafter defined) in connection therewith.
INDEPENDENT CONSULTANCY AGREEMENTIndependent Consultancy Agreement • March 5th, 2019 • Ribbon Communications Inc. • Services-computer integrated systems design
This INDEPENDENT CONSULTANCY AGREEMENT (the “Agreement”) is entered into by and among Ribbon Communications Operating Company, Inc., a Delaware corporation (“RCOC” and together with its affiliates, successors and assigns “Ribbon” or the “Company”) and David Walsh (“Consultant”), and sets forth the terms under which Consultant will provide, and the Company will engage Consultant for, certain professional services as described herein. RCOC and Consultant are hereinafter jointly referred to as the “Parties”, with each individually being referred to as a “Party”.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 30th, 2023 • Ribbon Communications Inc. • Services-computer integrated systems design • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of March 28, 2023, by and among Ribbon Communications Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”). Certain capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in Section 1.1 hereof.
June 22, 2020Severance Agreement • June 23rd, 2020 • Ribbon Communications Inc. • Services-computer integrated systems design • Texas
On behalf of Ribbon Communications Inc. (“Ribbon”) and Ribbon Communications Operating Company, Inc. (“RCOC” and Ribbon and RCOC, together with its affiliates who may employ you from time to time, the “Company”), I am pleased to provide you with this written offer of employment (this “Agreement”) as Ribbon’s Chief Finance Officer, effective as of June 29, 2020 (the “Start Date”). This Agreement is entered into as of the date set forth above and shall be effective as of the Start Date.
RETENTION BONUS AGREEMENTRetention Bonus Agreement • March 8th, 2018 • Ribbon Communications Inc. • Services-computer integrated systems design • Texas
GENBAND Management Services Corp. (“GENBAND” or the “Company”) and (the “Executive”) are entering into this Retention Bonus Agreement (this “Agreement”) effective as of the day of .
February 18, 2020Performance Share Unit Agreement • February 19th, 2020 • Ribbon Communications Inc. • Services-computer integrated systems design • Massachusetts
On behalf of Ribbon Communications Inc. (“Ribbon”) and Sonus Networks, Inc. d/b/a Ribbon Communications Operating Company, Inc. (“RCOC” and Ribbon and RCOC, together with its affiliates who may employ you from time to time, the “Company”), I am pleased to provide you with this written offer of employment (this “Agreement”) as Ribbon’s President and Chief Executive Officer, effective immediately upon the later of (x) March 1, 2020 or (y) the filing of Ribbon’s Annual Report on Form 10-K for the fiscal year ended December 31, 2019 (in either case (x) or (y), the “Start Date”). In connection with your employment, you shall also be appointed to serve as a member of Ribbon’s Board of Directors (“Board”) effective as of the Start Date. This Agreement is entered into as of the date set forth above and shall be effective as of the Start Date.
SEVERANCE AGREEMENTSeverance Agreement • May 2nd, 2019 • Ribbon Communications Inc. • Services-computer integrated systems design • Texas
This SEVERANCE AGREEMENT (this "Agreement") is made and entered into as of March 2, 2016, by and between GENBAND Management Services Corp., a Delaware corporation (the "Company"), GENBAND Holdings Company, a Cayman Islands exempted company limited by shares ("Cayman Holdings"), GENBAND US LLC, a Delaware limited liability company ("GENBAND LLC"), GENBAND lnc., a Delaware corporation ("Holdco", and together with the Company, Cayman Holdings and GENBAND LLC, the "GENBAND Parties”), and Steven Bruny (the “Executive”).
Severance AgreementSeverance Agreement • April 30th, 2021 • Ribbon Communications Inc. • Services-computer integrated systems design • Ontario
THIS SEVERANCE AGREEMENT (the “Severance Agreement”) is effective as of September 7, 2020 (the “Effective Date”) between Ribbon Communications Canada ULC (the “Company”), a wholly owned subsidiary of Ribbon Communications Inc. (“Ribbon”), and Sam Bucci (“you”).
AGREEMENT AND PLAN OF MERGER By and Among RIBBON COMMUNICATIONS INC., RIBBON COMMUNICATIONS ISRAEL LTD., ECLIPSE COMMUNICATIONS LTD., ECI TELECOM GROUP LTD. and ECI HOLDING (HUNGARY) KORLÁTOLT FELELŐSSÉGŰ TÁRSASÁG, solely in its capacity as the...Agreement and Plan of Merger • November 14th, 2019 • Ribbon Communications Inc. • Services-computer integrated systems design • New York
THIS AGREEMENT AND PLAN OF MERGER, dated as of November 14, 2019 (this “Agreement”), is made by and among Ribbon Communications Inc., a corporation incorporated under the Laws of Delaware (“Parent”), Ribbon Communications Israel Ltd., a company incorporated under the Laws of the State of Israel and an indirect wholly owned Subsidiary of Parent (“Direct Parent”), Eclipse Communications Ltd., a company incorporated under the Laws of the State of Israel and a direct wholly owned Subsidiary of Direct Parent (“Merger Sub”), ECI Telecom Group Ltd., a company incorporated under the Laws of the State of Israel (the “Company”), and ECI Holding (Hungary) Korlátolt Felelősségű Társaság, a company incorporated under the Laws of Hungary, solely in its capacity as the representative of the Company Equityholders and CVR Holders hereunder (the “Shareholder Representative”). Capitalized terms used and not otherwise defined herein have the meanings set forth in Article I.
RIBBON COMMUNICATIONS INC. INDEMNITY AGREEMENTIndemnity Agreement • March 8th, 2018 • Ribbon Communications Inc. • Services-computer integrated systems design • Delaware
This Indemnity Agreement (this "Agreement") is made and entered into effective as of [ ], by and between Ribbon Communications Inc., a Delaware corporation (the “Corporation”), and [ ] (the “Indemnitee”). This Agreement supersedes and replaces any and all previous agreements between the Company and its predecessors and the Indemnitee covering the subject matter of this Agreement.
SIXTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 30th, 2023 • Ribbon Communications Inc. • Services-computer integrated systems design • New York
THIS Credit Agreement (this “Agreement”), dated as of March 3, 2020, is entered into by and among RIBBON COMMUNICATIONS INC., a Delaware corporation (“Holdings”), RIBBON COMMUNICATIONS OPERATING COMPANY, INC., a Delaware corporation formerly known as Sonus Networks, Inc. (the “Borrower”), the several banks and other financial institutions or entities from time to time party to this Agreement (each a “Lender” and, collectively, the “Lenders”), CITIZENS BANK, N.A. (“Citizens”), as the Issuing Lender and the Swingline Lender, and Citizens, as Administrative Agent.
SENIOR SECURED CREDIT FACILITIES CREDIT AGREEMENT dated as of December 21, 2017, among RIBBON COMMUNICATIONS INC., as a Guarantor, SONUS NETWORKS, INC., as the Borrower, THE SEVERAL LENDERS FROM TIME TO TIME PARTY HERETO, SILICON VALLEY BANK, as...Credit Agreement • December 26th, 2017 • Ribbon Communications Inc. • Services-computer integrated systems design • New York
THIS CREDIT AGREEMENT (this “Agreement”), dated as of December 21, 2017, is entered into by and among RIBBON COMMUNICATIONS INC., a Delaware corporation (“Holdings”), SONUS NETWORKS, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time party to this Agreement (each a “Lender” and, collectively, the “Lenders”), SILICON VALLEY BANK (“SVB”), as the Issuing Lender and the Swingline Lender, and SVB, as Administrative Agent.
WARRANT AGREEMENTWarrant Agreement • March 27th, 2023 • Ribbon Communications Inc. • Services-computer integrated systems design • New York
WARRANT AGREEMENT (this “Warrant Agreement”) dated as of March [●], 2023 (the “Issuance Date”) between Ribbon Communications Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company (the “Warrant Agent”).
July 31, 2020 Sam Bucci Via Email Re: Offer of Employment Dear Sam:Ribbon Communications Inc. • April 30th, 2021 • Services-computer integrated systems design
On behalf of Ribbon Communications Inc. (“Parent Company”) and Ribbon Communications Canada ULC (“Ribbon Canada” and Parent Company and Ribbon Canada, together with its affiliates who may employ you from time to time, the “Company”), I am very pleased to extend this offer of employment (this “Agreement”) as the Parent Company’s EVP and General Manager, Packet Optical Networks, reporting to Bruce McClelland, President & CEO of the Parent Company. If you accept this Agreement on or before the deadline set forth below, your start date with the Company will be September 8, 2020 (“Start Date”).
THIRD AMENDMENT TO LEASELease • April 30th, 2018 • Ribbon Communications Inc. • Services-computer integrated systems design
This Third Amendment to Lease (this “Amendment”) executed as of this 12th day of March, 2018, by and between Michelson Farm-Westford Technology Park IV Limited Partnership, (hereinafter referred to as “Landlord”), and Sonus Networks, Inc. (hereinafter referred to as “Tenant”).
WARRANT AGREEMENTWarrant Agreement • March 30th, 2023 • Ribbon Communications Inc. • Services-computer integrated systems design • New York
WARRANT AGREEMENT (this “Warrant Agreement”) dated as of March 30, 2023 (the “Issuance Date”) between Ribbon Communications Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company (the “Warrant Agent”).
April 19, 2018Ribbon Communications Inc. • April 26th, 2018 • Services-computer integrated systems design • Massachusetts
On behalf of Ribbon Communications Inc. (“Ribbon”) and Sonus Networks, Inc. d/b/a Ribbon Communications Operating Company, a wholly owned subsidiary of the Company (“RCOC” and Ribbon and RCOC, together with its affiliates who may employ you from time to time, the “Company”), I am pleased to provide you with this written offer of employment as the Company’s President and Chief Executive Officer (this “Agreement”).
FORM OF SECURITIES PURCHASE AGREEMENTForm of Securities Purchase Agreement • August 16th, 2022 • Ribbon Communications Inc. • Services-computer integrated systems design • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 12, 2022, by and among Ribbon Communications Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
FIRST AMENDED AND RESTATED STOCKHOLDERS AGREEMENT BY AND AMONG RIBBON COMMUNICATIONS INC. AND THE STOCKHOLDERS OF RIBBON COMMUNICATIONS INC. THAT ARE PARTIES HERETO March 3, 2020Stockholders Agreement • March 3rd, 2020 • Ribbon Communications Inc. • Services-computer integrated systems design • Delaware
This First Amended and Restated Stockholders Agreement (this “Agreement”) is made as of March 3, 2020 by and among (i) Ribbon Communications Inc., a Delaware corporation (the “Company”), (ii) JPMC Heritage Parent LLC, a Delaware limited liability company (“JPMC”), (iii) Heritage PE (OEP) III, L.P., a Cayman Islands exempted limited partnership (“OEP III”, and together with JPMC, the “Initial OEP Stockholders”), (iv) ECI Holding (Hungary) KFT, a company incorporated under the Laws of Hungary (the “Initial Swarth Stockholder”) and (v) any other stockholder who from time to time becomes party to this Agreement by execution of a joinder agreement substantially in the form of Exhibit A (a “Joinder Agreement”).
