RCN Corporation. Sprint Nextel Corporation; Skype Limited; TelePacific Communications; Time Warner Cable, Inc.; Vonage Holdings Corp.; Verizon Communications, Inc.; and Wide Open West.
RCN Corporation. By: ---------------------------- Name: Title: THE CHASE MANHATTAN BANK, as Trustee By: ---------------------------- Name: Title: 71 EXHIBIT A FORM OF LEGEND FOR BOOK-ENTRY SECURITIES Any Global Security authenticated and delivered hereunder shall bear a legend (which would be in addition to any other legends required in the case of a Restricted Security) in substantially the following form: THIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THIS INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE OF A DEPOSITORY OR A SUCCESSOR DEPOSITORY. THIS SECURITY IS NOT EXCHANGEABLE FOR SECURITIES REGISTERED IN THE NAME OF A PERSON OTHER THAN THE DEPOSITORY OR ITS NOMINEE EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE, AND NO TRANSFER OF THIS SECURITY (OTHER THAN A TRANSFER OF THIS SECURITY AS A WHOLE BY THE DEPOSITORY TO A NOMINEE OF THE DEPOSITORY OR BY A NOMINEE OF THE DEPOSITORY TO THE DEPOSITORY OR ANOTHER NOMINEE OF THE DEPOSITORY) MAY BE REGISTERED EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION ("DTC"), TO THE COMPANY OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE, OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.
RCN Corporation. By: /s/ Ellyn Ito ----------------------- Name: Ellyn Ito Title: Xxxxxx Vice President Employee Services Date: 8/9/04 --------------------- PDA Group, LLC By: /s/ Peter Aquino ----------------------- Name: Peter Aquino --------------------- Title: President -------------------- Date: 8/9/04 --------------------- EXHIBIT A NON-DISCLOSURE AGREEMENT RCN Corporation, a Delaware Company, having its principal offices at 105 Carnegie Center, Princeton, New Jersey 08540 (hereinafter "RCX" xxxxx xxxx xxxxx xxxxxxx xxx xxxxxx xxx xxx xubsidiaries and affiliates thereof) and PDA Group, LLC, having its principal offices at ___________________________________________________ (hereinafter "SIGNEE" which term shall include PDA Entities), do hereby agree as follows:
RCN Corporation. By: ---------------------------- Name: Title: THE CHASE MANHATTAN BANK, as Trustee By: ---------------------------- Name: Title: EXHIBIT A RCN CORPORATION ----------------- [__]% SENIOR DISCOUNT NOTES DUE 2008 CUSIP No. __________ No. ___________ $ This Note is issued with original issue discount for purposes of Section 1271 et seq. of the Internal Revenue Code. For each $1,000 of principal amount of this Note, the issue price is $[_____] and the amount of original issue discount is $[_____]. The issue date of this Note is [_______], 1998 and the yield to maturity is [_____]%. RCN CORPORATION, a corporation incorporated under the laws of the State of Delaware (herein called the "Company," which term includes any successor corporation under the Indenture hereinafter referred to), for value received, hereby promises to pay to _______________ or registered assigns, the principal sum of _______________ Dollars on [____], 2008, at the office or agency of the Company referred to below, and to pay interest thereon on [____] and [_____] (each an "Interest Payment Date"), of each year, commencing on [_____], 2003, accruing from [____], 2003 or from the most recent Interest Payment Date to which interest has been paid or duly provided for, at the rate of [__]% per annum, until the principal hereof is paid or duly provided for. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. The interest so payable, and punctually paid or duly provided for, on any Interest Payment Date will, as provided in the Indenture referred to on the reverse hereof, be paid to the person in whose name this Note (or one or more Predecessor Notes) is registered at the close of business on the February 1 and August 1 (each a "Regular Record Date"), whether or not a Business Day, as the case may be, next preceding such Interest Payment Date. Any such interest not so punctually paid, or duly provided for, and interest on such defaulted interest at the then applicable interest rate borne by the Notes, to the extent lawful, shall forthwith cease to be payable to the Holder on such Regular Record Date, and may be paid to the person in whose name this Note (or one or more Predecessor Notes) is registered at the close of business on a Special Record Date for the payment of such defaulted interest to be fixed by the Trustee, notice of which shall be given to Holders of Notes not less than 10 days prior to such Special Record Date, or may be paid at any time in any other l...
RCN Corporation. Xx. Xxxxx was appointed class counsel and commended by the court for stopping RCN’s practice of throttling its Internet customers through adverse network management practices. See Chin v.
