EXHIBIT 4.3 REGISTRATION RIGHTS AGREEMENT ----------------------------- This Registration Rights Agreement (this "Agreement") is made and entered into as of October 30, 2002, by and among FiberNet Telecom Group, Inc., a Delaware corporation (the...Registration Rights Agreement • November 1st, 2002 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
amongCredit Agreement • February 15th, 2001 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
Exhibit 4.2 WARRANT AGREEMENT dated as of February [__], 2001 by and between FiberNet Telecom Group, Inc.Warrant Agreement • February 5th, 2001 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AMENDED AND RESTATED FIBERNET TELECOM PLEDGE AGREEMENT (LOCAL FIBER)Pledge Agreement • February 15th, 2001 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
OPTION AGREEMENT dated as of October 1, 1999 ("Agreement") between FIBERNET TELECOM GROUP, INC., a Delaware corporation (the "Company"), and PACER INTERNATIONAL, INC., a Florida corporation ("Pacer"). The Company wishes to sell and issue to Pacer...Option Agreement • March 30th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AMENDMENT TO THE OPERATING AGREEMENT OF FIBERNET EQUAL ACCESS, L.L.C.Operating Agreement • May 15th, 1998 • Fibernet Telecom Group Inc\ • Retail-retail stores, nec
EXHIBIT 1.1 Underwriting Agreement Robertson Stephens, Inc. First Union Securities, Inc. CIBC World Markets Prudential Securities Incorporated Kaufman Bros. L.P. As Representatives of the several Underwriters c/o Robertson Stephens, Inc. 555...Underwriting Agreement • November 9th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AGREEMENT ---------Assignment and Assumption Agreement • August 15th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
EXHIBIT 4.2 WARRANT AGREEMENTWarrant Agreement • February 15th, 2001 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
EXHIBIT 10.35 EMPLOYMENT AGREEMENT AGREEMENT by and between Fibernet Telecom Group, Inc., a Delaware corporation (the "Company"), and Warren Miller (the "Executive"), dated as of the 17/th/ day of June, 2000. WHEREAS, the Company has determined to...Employment Agreement • September 8th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AGREEMENT ---------Security Agreement • February 15th, 2001 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
Exhibit 10.1 PURCHASE AGREEMENT ------------------ This PURCHASE AGREEMENT (this "Agreement"), dated as of December 6, 2001, is entered into by and between FiberNet Telecom Group, Inc., a Delaware corporation (the "Company"), and each of the...Purchase Agreement • December 7th, 2001 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone)
EMPLOYMENT AGREEMENT dated as of May 7, 1999 (the "Agreement"), between FIBERNET TELECOM GROUP, INC., a Nevada corporation (the "Company"), and ROY (TREY) D. FARMER (the "Executive"). The parties hereto deem it to be in their best interests to enter...Employment Agreement • March 30th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AGREEMENTCommon Stock Purchase Agreement • November 1st, 2002 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
R E C I T A L SShare Exchange Agreement • November 1st, 2002 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AMONGStockholders Agreement • February 2nd, 2001 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
ARTICLE I DEFINITIONS 1.1 Defined Terms. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings assigned thereto in the Certificate of Designation or in Exhibit F hereto. As used in this Agreement, ---------...Securities Purchase Agreement • July 11th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
EMPLOYMENT AGREEMENT dated as of May 7, 1999 (the "Agreement"), between FIBERNET TELECOM GROUP, INC., a Nevada corporation (the "Company"), and MICHAEL S. LISS (the "Executive"). The parties hereto deem it to be in their best interests to enter into...Employment Agreement • March 30th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
RECITALSStock Option Agreement • May 15th, 1998 • Fibernet Telecom Group Inc\ • Retail-retail stores, nec • Delaware
ARTICLE I DEFINITIONSRegistration Rights Agreement • July 11th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
EXHIBIT 10.57 STANDARD FORM OF OFFICE LEASE The Real Estate Board of New York, Inc. Agreement of Lease, made as of the 1st day of April, 2001, between WESTPORT COMMUNICATIONS, LLC, a Delaware limited liability company, having an address at 277 Park...Office Lease • May 12th, 2003 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
OFWarrant Agreement • November 12th, 2002 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AGREEMENT ---------Guaranty Agreement • September 8th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
PREAMBLESecurities Purchase Agreement • August 15th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
EXHIBIT D-1 FIRST AMENDMENT dated as of September 28, 1999 ("AMENDMENT") to the Security Agreement dated as of May 7, 1999 ("SECURITY AGREEMENT"), made by FiberNet Telecom Group, Inc., a Nevada corporation (the "PARENT") and each of Parent's...Security Agreement • October 5th, 1999 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
RECITALSInvestor's Rights Agreement • November 13th, 2002 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
2. Term. Subject to earlier termination pursuant to the terms of Section ---- 6 below, the employment of the Executive hereunder shall be for a fixed term unless terminated earlier or extended in accordance with the terms and provisions of this...Employment Agreement • September 8th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
Exhibit 4.1 AMENDMENT ("Amendment") dated as of May 22, 2001 between FIBERNET TELECOM GROUP, INC. ("Company"), SIGNAL EQUITY PARTNERS, L.P. (formerly known as Signal Capital Partners, L.P.), as the Majority in Interest of the Purchasers ("Signal"),...Stockholders Agreement • May 23rd, 2001 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
EXECUTION COPY EMPLOYMENT AGREEMENT dated as of October 4, 1999 (the "Agreement"), between FIBERNET TELECOM GROUP, INC., a Nevada corporation (the "Company"), and LES HANKINSON (the "Executive"). The parties hereto deem it to be in their best...Employment Agreement • March 30th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
1 Exhibit 3.2 AMENDMENT TO LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF LOCAL FIBER, L.L.C. THIS AMENDMENT TO LIMITED LIABILITY COMPANY OPERATING AGREEMENT (this "Amendment") of Local Fiber, L.L.C., a New York limited liability company (the...Limited Liability Company Operating Agreement • May 15th, 1998 • Fibernet Telecom Group Inc\ • Retail-retail stores, nec
EXHIBIT 10.11 AGREEMENT OF LEASE 111 EIGHTH AVENUE LLCLease Agreement • March 30th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
ContractWarrant Agreement • March 30th, 2006 • Fibernet Telecom Group Inc\ • 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.
OFOperating Agreement • April 15th, 1998 • Fibernet Telecom Group Inc\ • Retail-retail stores, nec
NOTENote • September 8th, 2000 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone)
FOR VALUE RECEIVED, the undersigned, FIBERNET TELECOM GROUP, INC., a Delaware corporation (the "Borrower"), unconditionally promises to pay to the order of FIRST UNION NATIONAL BANK (the "Lender") the principal sum of THREE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($3,750,000) or, if less, the aggregate unpaid principal amount of all Loans (as defined in the Credit Agreement, and as the same may be converted to Term Loans in accordance with Section 2.1.F. of the Credit Agreement) made by the Lender pursuant to the ------------- Credit Agreement, dated as of April 11, 2000 (as amended, supplemented, amended and restated or otherwise modified from time to time, the "Credit Agreement"), among the Borrower, the financial institutions (including the Lender) from time to time parties thereto, Deutsche Bank AG New York Branch, as the administrative agent, Deutsche Bank Securities Inc., as co-syndications agent, Toronto Dominion (Texas), Securities Inc., as co-syndications agent, on such d
WITNESETH:Lease Agreement • May 15th, 1998 • Fibernet Telecom Group Inc\ • Retail-retail stores, nec
