REGISTRATION RIGHTS AGREEMENT by and among EARTHLINK, INC., THE GUARANTORS NAMED HEREIN and CREDIT SUISSE SECURITIES (USA) LLC as Representative of the several Initial Purchasers Dated as of May 29, 2013Registration Rights Agreement • May 29th, 2013 • Earthlink Inc • Services-computer programming, data processing, etc. • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of May 29, 2013, by and among EarthLink, Inc., a Delaware corporation (the “Company”), the guarantors party hereto (collectively, the “Guarantors”) and Credit Suisse Securities (USA) LLC, as the representative (the “Representative”) of the several initial purchasers (collectively, the “Initial Purchasers”) listed on Schedule 1 to the Purchase Agreement (as defined below), each of whom has agreed to purchase the Company’s $300,000,000 aggregate principal amount of 7.375% Senior Secured Notes due 2020 (the “Initial Notes”) fully and unconditionally guaranteed by the Guarantors (the “Guarantees”) pursuant to the Purchase Agreement. The Initial Notes and the Guarantees attached thereto are herein collectively referred to as the “Initial Securities”.
EARTHLINK, INC., as Company, and the Subsidiary Guarantors party hereto and REGIONS BANK, as TrusteeIndenture • May 29th, 2013 • Earthlink Inc • Services-computer programming, data processing, etc. • New York
INDENTURE, dated as of May 29, 2013, by and among EarthLink, Inc., a Delaware corporation (the “Company”), the Subsidiaries of the Company party hereto (the “Subsidiary Guarantors”) and Regions Bank, as trustee (the “Trustee”).
THIRD SUPPLEMENTAL INDENTURE Supplementing the Indenture Dated as of May 17, 2011 EARTHLINK, INC., as Company, and the Subsidiary Guarantors party hereto and DEUTSCHE BANK TRUST COMPANY AMERICAS, as TrusteeThird Supplemental Indenture • May 29th, 2013 • Earthlink Inc • Services-computer programming, data processing, etc. • New York
THIRD SUPPLEMENTAL INDENTURE, dated as of May 29, 2013 by and among EarthLink, Inc. a Delaware corporation (the “Company”), ITC^DeltaCom, Inc., a Delaware corporation (“ITC”), BTI Telecom Corp., a North Carolina corporation (“BTI Telecom”), Business Telecom, Inc., a North Carolina corporation (“BTI”), Business Telecom of Virginia, Inc., a Virginia corporation (“BTI Virginia”), DeltaCom, LLC, an Alabama limited liability company (“DeltaCom”), and EarthLink Carrier, LLC, a Delaware limited liability company (“EarthLink Carrier” and together with ITC, BTI Telecom, BTI, BTI of Virginia and DeltaCom, collectively, the “Additional Subsidiary Guarantors”), the Subsidiaries of the Company parties hereto (the “Subsidiary Guarantors”), and Deutsche Bank Trust Company Americas (the “Trustee”), as Trustee under the Indenture, dated as of May 17, 2011, as amended by that First Supplemental Indenture, dated as of June 7, 2011, and as further amended by that Second Supplemental Indenture, dated as of
