DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 5th, 2010 • Capital Growth Systems Inc /Fl/ • Services-business services, nec
THIS DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date among DOWNTOWN CP-CGSY, LLC (the “Tranche A Lender”), the Pre-Petition Debenture Lenders, and any investor that is not a current holder of any of the Borrowers’ debentures and is approved by the Pre-Petition Debenture Lenders, signing this Agreement as Tranche B Lenders (the “Tranche B Lenders”, together with the Tranche A Lender, collectively, the “Lenders”), GLOBAL CAPACITY GROUP, INC., 20/20 TECHNOLOGIES, INC., CAPITAL GROWTH SYSTEMS, INC., CENTREPATH, INC., AND GLOBAL CAPACITY DIRECT, LLC fka VANCO DIRECT USA, LLC, 2020 TECHNOLOGIES I, LLC, NEXVU TECHNOLOGIES, LLC, FNS 2007, INC. fka FRONTRUNNER NETWORK SYSTEMS, CORP. AND GLOBAL CAPACITY HOLDCO, LLC AND CAPITAL GROWTH ACQUISITION, INC., (collectively, the “Borrowers”), and MAGENTA NETLOGIC LIMITED (U.K.) (“MNL”) provides the terms on which Lenders shall lend to Borrowers and Borrowers shall repay Lenders. The parties agree as fol
