VIA HAND DELIVERY Mr. Charles Zwebner Chief Executive Officer Yak Communications Inc.Yak Communications Inc • September 21st, 2006 • Telephone communications (no radiotelephone)
BCE Place, 181 Bay Street Suite 3100 - P.O. Box 830 Toronto, Ontario M5J 2T3 Phone: (416) 848-3500 Fax: (416) 848-3162Yak Communications Inc • September 21st, 2006 • Telephone communications (no radiotelephone) • Ontario
Orion Securities Inc. (“Orion”) understands that Yak Communications Inc. (the “Corporation”) is considering strategic alternatives for maximizing shareholder value, including, without limitation, the sale to or merger with a third party, by way of a take-over bid, amalgamation, plan of arrangement, sale of all or substantially all of the assets of the Corporation or other business transaction (any such transaction or combination thereof being referred to herein as a “Proposed Transaction”). The purpose of this letter agreement is to set forth our mutual understanding of the terms of Orion’s engagement by the Independent Committee of the Board of Directors of the Corporation, (the “Independent Committee”)
SETTLEMENT AGREEMENTSettlement Agreement • September 21st, 2006 • Yak Communications Inc • Telephone communications (no radiotelephone) • Florida
This Agreement is made as of this 25th day of July, 2005, by and between YAK COMMUNICATIONS INC., a Florida corporation (“Yak”), YAK COMMUNICATIONS (CANADA), INC., a Canadian corporation (“Yak Canada”) and DIGITAL WAY, S.A., a company organized under the laws of Peru (“DWSA”). Yak, Yak Canada and DWSA are collectively referred to herein as the “Parties.”
Internet Infrastructure Services Agreement Q9 Networks Inc. 100 Wellington St. West P.O. Box 235, Suite 900 Canadian Pacific Tower Toronto-Dominion Centre Toronto, ON M5K 1J3 Tel: (416) 362-7000 Fax: (416) 362-7001 www.Q9.com Master Terms and ConditionsInternet Infrastructure Services Agreement • September 21st, 2006 • Yak Communications Inc • Telephone communications (no radiotelephone) • Ontario
