UNANIMOUS CONSENT AND WAIVERConsent and Waiver • November 12th, 2009 • Sprint Nextel Corp • Telephone communications (no radiotelephone)
THIS UNANIMOUS CONSENT AND WAIVER (this “Unanimous Consent and Waiver”) to and of certain provisions of that certain Equityholders’ Agreement dated as of November 28, 2008 (the “Agreement”), and of that certain Amended and Restated Operating Agreement of Clearwire Communications LLC dated as of November 28, 2008 (the “Clearwire LLC Agreement”), is entered into as of November 9, 2009 (the “Effective Date”), by and among CLEARWIRE CORPORATION, a Delaware corporation (the “Company”), CLEARWIRE COMMUNICATIONS LLC, a Delaware limited liability company (“Clearwire LLC”), SPRINT HOLDCO, LLC, a Delaware limited liability company (“Sprint”), EAGLE RIVER HOLDINGS, LLC, a Washington limited liability company (“Eagle River”), INTEL CAPITAL WIRELESS INVESTMENT CORPORATION 2008A, a Delaware corporation (“Intel A”), INTEL CAPITAL WIRELESS INVESTMENT CORPORATION 2008B, a Delaware corporation (“Intel B”), INTEL CAPITAL WIRELESS INVESTMENT CORPORATION 2008C, a Delaware corporation (“Intel C”), INTEL CAP
