EXECUTIVE EMPLOYMENT AND RETENTION AGREEMENTExecutive Employment and Retention Agreement • November 15th, 2004 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Delaware
THIS EXECUTIVE EMPLOYMENT AND RETENTION AGREEMENT (this “Agreement”) is dated as of August 13, 2004, by and between ITC^DeltaCom, Inc., a Delaware corporation with its principal place of business at 1791 O.G. Skinner Drive, West Point, Georgia, 31833 (the “Company”), and Andrew M. Walker (the “Executive”).
THIRD AMENDMENT TO THE SCHEDULES AND THE LEASESSchedules and the Leases • November 15th, 2004 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT TO THE SCHEDULES AND THE LEASES (this “Amendment”), dated as of September 8, 2004, among Interstate FiberNet, Inc., as a lessee (“FiberNet”), and ITC^DeltaCom Communications, Inc., as a lessee (“Communications”; FiberNet and Communications individually a “Lessee” and collectively the “Lessees”), NTFC Capital Corporation (“NTFC”) and General Electric Capital Corporation (“GECC”; NTFC and GECC individually a “Lessor” and collectively the “Lessors”).
AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • November 15th, 2004 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of September 8, 2004 (this “Amendment”), among ITC^DeltaCom, Inc., a Delaware corporation (the “Parent”), Interstate FiberNet, Inc., a Delaware corporation (the “Borrower”), the subsidiary guarantors listed on the signature pages hereof, the banks, financial institutions and other institutional lenders parties to the Credit Agreement referred to below (collectively, the “Lender Parties”) and Wells Fargo Bank, N.A., as successor by consolidation to Wells Fargo Bank Minnesota, N.A., as administrative agent (the “Administrative Agent”) for the Lender Parties and as collateral agent (together with the Administrative Agent, the “Agents”);
Employment Separation and Consulting AgreementSeparation and Consulting Agreement • November 15th, 2004 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Georgia
As used in this Employment Separation and Consulting Agreement (“Agreement”), the “Company” will mean ITC^DeltaCom, Inc. and its respective affiliates. This Agreement sets forth the agreement between you and the Company with respect to your separation from employment with the Company. This Agreement shall include the “General Release of Claims” between you and the Company, and the “Relocation Program for John W. Braukman, III,” attached hereto as Exhibits A and B, respectively.
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • November 15th, 2004 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 2 TO CREDIT AGREEMENT, dated as of September 8, 2004 (this “Amendment”), among ITC^DeltaCom, Inc., a Delaware corporation (the “Parent”), Interstate FiberNet, Inc., a Delaware corporation (the “Borrower”), the subsidiary guarantors listed on the signature pages hereof, the banks, financial institutions and other institutional lenders parties to the Credit Agreement referred to below (collectively, the “Lender Parties”) and General Electric Capital Corporation, as administrative agent (the “Administrative Agent”) for the Lender Parties and as collateral agent (together with the Administrative Agent, the “Agents”);
AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • November 15th, 2004 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of September 8, 2004 (this “Amendment”), among ITC^DeltaCom, Inc., a Delaware corporation (the “Parent”), Interstate FiberNet, Inc., a Delaware corporation (the “Borrower”), the subsidiary guarantors listed on the signature pages hereof, the banks, financial institutions and other institutional lenders parties to the Credit Agreement referred to below (collectively, the “Lender Parties”) and Wells Fargo Bank, N.A., as successor by consolidation to Wells Fargo Bank Minnesota, N.A., as administrative agent (the “Administrative Agent”) for the Lender Parties and as collateral agent (together with the Administrative Agent, the “Agents”);
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • November 15th, 2004 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 1 TO CREDIT AGREEMENT, dated as of September 8, 2004 (this “Amendment”), among ITC^DeltaCom, Inc., a Delaware corporation (the “Parent”), Interstate FiberNet, Inc., a Delaware corporation (the “Borrower”), the subsidiary guarantors listed on the signature pages hereof, the banks, financial institutions and other institutional lenders parties to the Credit Agreement referred to below (collectively, the “Lender Parties”) and General Electric Capital Corporation, as administrative agent (the “Administrative Agent”) for the Lender Parties and as collateral agent (together with the Administrative Agent, the “Agents”);
September 8, 2004Merger Agreement • November 15th, 2004 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Delaware
