REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 6th, 2004 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of January 30, 2004, by and among FiberNet Telecom Group, Inc., a Delaware corporation (the “Company”), and the purchasers listed on Schedule I hereto (the “Purchasers”).
COMMON STOCK PURCHASE AGREEMENT Dated as of January 30, 2004 by and among FIBERNET TELECOM GROUP, INC. and THE PURCHASERS LISTED ON EXHIBIT ACommon Stock Purchase Agreement • February 6th, 2004 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
ContractFibernet Telecom Group Inc\ • February 6th, 2004 • Telephone communications (no radiotelephone) • New York
THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”) OR ANY STATE SECURITIES LAWS AND MAY NOT BE SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF UNLESS REGISTERED UNDER THE SECURITIES ACT AND UNDER APPLICABLE STATE SECURITIES LAWS OR FIBERNET TELECOM GROUP, INC. SHALL HAVE RECEIVED AN OPINION OF ITS COUNSEL THAT REGISTRATION OF SUCH SECURITIES UNDER THE SECURITIES ACT AND UNDER THE PROVISIONS OF APPLICABLE STATE SECURITIES LAWS IS NOT REQUIRED.
ASSET PURCHASE AGREEMENT BY AND AMONG GATEWAY.REALTY.NEW JERSEY.LLC, FIBERNET TELECOM GROUP, INC. AND LOCAL FIBER, LLC December 31, 2003Asset Purchase Agreement • February 6th, 2004 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
This Asset Purchase Agreement (the “Agreement”) is entered into as of December 31, 2003 by and among gateway.realty.new jersey.llc, a New Jersey limited liability company (the “Seller”), FiberNet Telecom Group, Inc., a Delaware corporation (the “Parent”), and Local Fiber, LLC, a New York limited liability company and wholly owned subsidiary of Parent (the “Purchaser”).
ContractAgreement and Eleventh Amendment • February 6th, 2004 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AGREEMENT AND ELEVENTH AMENDMENT, dated as of January 27, 2004 (this “Eleventh Amendment”), among FIBERNET OPERATIONS, INC., a Delaware corporation (“FiberNet”), DEVNET L.L.C., a Delaware limited liability company (“Devnet” and, together with FiberNet, the “Borrowers”), and the financial institutions party to the Credit Agreement (as defined below) as lenders (collectively, the “Lenders”), to the AMENDED AND RESTATED CREDIT AGREEMENT, dated as of February 9, 2001 (the “CreditAgreement”), among the Borrowers, the Lenders, DEUTSCHE BANK AG NEW YORK BRANCH (“DBAG”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), TD SECURITIES (USA) INC. (“TD”), as syndication agent for the Lenders (in such capacity, the “Syndication Agent”), and WACHOVIA INVESTORS, INC., as documentation agent for the Lenders (in such capacity, the “Documentation Agent”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 6th, 2004 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
WHEREAS, the Company, through its wholly owned subsidiary, Local Fiber, LLC (“Local Fiber”), has purchased substantially all of the assets of the Shareholder pursuant to an Asset Purchase Agreement, dated as of December 31, 2003, between the Company, Local Fiber and the Shareholder (the “Purchase Agreement”); and
