XO COMMUNICATIONS, LLC WAIVER WITH RESPECT TO AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENTCredit and Guaranty Agreement • March 17th, 2008 • Xo Holdings Inc • Telephone communications (no radiotelephone)
This Waiver (the “Waiver”), dated as of March 13, 2008, with respect to the Amended and Restated Credit and Guaranty Agreement, dated as of 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”).
XO Communications, LLC $145,000,000 Senior Notes due April 15, 2009 Note Purchase Agreement Dated as of March 13, 2008Purchase Agreement • March 17th, 2008 • Xo Holdings Inc • Telephone communications (no radiotelephone) • New York
XO Communications, LLC, a Delaware limited liability company (the “Company”), agrees with each of the purchasers listed in the attached Schedule A (the “Purchasers”) as follows:
GUARANTYXo Holdings Inc • March 17th, 2008 • Telephone communications (no radiotelephone)
For good and valuable consideration, the receipt and sufficiency of which are acknowledged, the undersigned (the “Guarantors”) jointly, severally and unconditionally guarantee, in accordance with the terms hereof and without any prior written notice, the full and punctual payment and performance of all of the Liabilities (as defined herein) when due (the “Guaranty”), whether required by acceleration or otherwise of XO COMMUNICATIONS, LLC, a Delaware limited liability company (the “Company”), to the purchasers listed on Schedule A and their permitted assigns of the Note Purchase Agreement (the “Agreement”) entered into on March 13, 2008 by and among the Company and such purchasers (the “Purchasers”). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment as well as performance of all of the Liabilities whether now outstanding or arising in the future. Should the Company default in the payment or performance of any of the Liabilities, the obl
