XO COMMUNICATIONS, LLC WAIVER WITH RESPECT TO AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENTCredit and Guaranty Agreement • March 31st, 2006 • Xo Holdings Inc • Telephone communications (no radiotelephone)
This Waiver (“Waiver”), dated as of March 30, 2006, with respect to the Amended and Restated Credit and Guaranty Agreement, dated January 16, 2003 (as amended, supplemented or otherwise modified, through the date hereof, and as it may be further amended, supplemented or otherwise modified, the “Credit Agreement”), by and among XO Communications, LLC, a Delaware limited liability company (the “Company,” as successor by merger to XO Communications, Inc., a Delaware corporation), certain affiliates and subsidiaries of the Company, as Guarantors, the Lenders party thereto from time to time and Mizuho Corporate Bank, Ltd., as administrative agent (the “Administrative Agent”).
Re: Termination of Equity Purchase Agreement, dated as of November 4, 2005, as amended (the “Equity Purchase Agreement”)Xo Holdings Inc • March 31st, 2006 • Telephone communications (no radiotelephone)
Pursuant to the recommendation of the Special Committee of our Board of Directors, our Board of Directors has determined that mutual termination of the Equity Purchase Agreement, without damages or a break-up fee, is, under the circumstances, in the best interests of XO Holdings, Inc. and therefore, we hereby agree to terminate the Equity Purchase Agreement by mutual consent.
