ContractFibernet Telecom Group Inc\ • March 30th, 2006 • 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.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 30th, 2006 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of March 22, 2006, by and among FiberNet Telecom Group, Inc., a Delaware corporation (the “Company”), and the purchasers listed on Schedule I hereto (the “Purchasers”).
ContractFibernet Telecom Group Inc\ • March 30th, 2006 • 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.
COMMON STOCK PURCHASE AGREEMENT Dated as of March 22, 2006 by and among FIBERNET TELECOM GROUP, INC. and THE PURCHASERS LISTED ON EXHIBIT ACommon Stock Purchase Agreement • March 30th, 2006 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 30th, 2006 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of March 22, 2006, by and among FiberNet Telecom Group, Inc., a Delaware corporation (the “Company”), and the entities listed on Schedule I hereto (the “Banks”).
ContractFibernet Telecom Group Inc\ • March 30th, 2006 • Telephone communications (no radiotelephone) • New York
This AMENDMENT, dated as of March 22, 2006 (this “Twentieth Amendment”), is among FIBERNET TELECOM GROUP, INC., a Delaware corporation (the “Parent”), FIBERNET OPERATIONS, INC., a Delaware corporation (“FiberNet”), DEVNET L.L.C., a Delaware limited liability company (together with FiberNet, the “Borrowers”), the financial institutions party to the Credit Agreement (as defined below) as lenders (collectively, the “Lenders”), and DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), and relates to (1) the Amended and Restated Credit Agreement, dated as of February 9, 2001 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrowers, the Lenders, the Administrative Agent, TD Securities (USA) Inc., as syndication agent for the Lenders, and Wachovia Investors, Inc., as documentation agent for the Lenders, and (2) the Amended and Restated Parent Guarant
ContractFibernet Telecom Group Inc\ • March 30th, 2006 • Telephone communications (no radiotelephone) • New York
This AMENDMENT, dated as of December 19, 2005 (this “Nineteenth Amendment”), is among FIBERNET TELECOM GROUP, INC., a Delaware corporation (the “Parent”), FIBERNET OPERATIONS, INC., a Delaware corporation (“FiberNet”), DEVNET L.L.C., a Delaware limited liability company (together with FiberNet, the “Borrowers”), the financial institutions party to the Credit Agreement (as defined below) as lenders (collectively, the “Lenders”), and DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), and relates to (1) the Amended and Restated Credit Agreement, dated as of February 9, 2001 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrowers, the Lenders, the Administrative Agent, TD Securities. (USA) Inc., as syndication agent for the Lenders, and Wachovia Investors, Inc., as documentation agent for the Lenders, and (2) the Amended and Restated Parent Gu
WARRANT AGREEMENTWarrant Agreement • March 30th, 2006 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
This Warrant Agreement (this “Agreement”) is made as of the 22nd day of March 2006 (the “Effective Date”), by and among FiberNet Telecom Group, Inc., a Delaware corporation (the “Company”), and Deutsche Bank AG New York Branch, Wachovia Investment Holdings, LLC, and IBM Credit LLC (collectively, the “Banks”).
FIRST AMENDMENT TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • March 30th, 2006 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
This First Amendment to the Asset Purchase Agreement (this “Amendment”) is dated as of March 22, 2006, and made 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”).
