Exhibit 10.5 CREDIT AGREEMENT Dated as of October 6, 2003Credit Agreement • October 21st, 2003 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
dated as ofPurchase Agreement • March 31st, 2003 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Delaware
THIS CERTIFIES THAT, for value received, ITC Telecom Ventures, Inc., a Delaware corporation, or its permitted assigns, is entitled to purchase from ITC/\DeltaCom, Inc., a Delaware corporation (the "Corporation"), at any time or ----------- from time...Warrant Agreement • November 14th, 2001 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Delaware
W,Merger Agreement • July 3rd, 2003 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
Exhibit 1.1 [___________] Shares ITC/\DELTACOM, INC. Common Stock (par value $.01 per share) UNDERWRITING AGREEMENT May [__], 1999Underwriting Agreement • May 6th, 1999 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
This Supplemental Indenture, dated as October 17, 1997, is by and between ITC/\DeltaCom, Inc., a Delaware corporation (the "Company"), and United ------- States Trust Company of New York, a bank and trust company organized under the New York banking...Supplemental Indenture • October 22nd, 1997 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
andIndenture • July 16th, 1997 • Itc Deltacom Inc
DATED AS OFLoan Agreement • July 16th, 1997 • Itc Deltacom Inc • North Carolina
AGREEMENT AND PLAN OF MERGERMerger Agreement • April 30th, 1999 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Delaware
Exhibit 10.1 ------------ [Exhibit I/Exhibit J to Merger Agreement] ------------------- July 2, 2003 ITC/\DeltaCom, Inc. 1791 OG Skinner Drive West Point, Georgia 81833 BTI Telecom Corp. 4300 Six Forks Road Raleigh, North Carolina 27607 Dear...Credit Agreement • July 3rd, 2003 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
Exhibit 10.80.1 SECURITY AGREEMENTSecurity Agreement • September 24th, 1997 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Texas
PROMISSORY NOTE $41,600,000 March 27, 1997Promissory Note • July 16th, 1997 • Itc Deltacom Inc
This Note shall bear interest on the outstanding balance hereof as provided in Section 2.04 of the Loan Agreement and such interest shall be payable as provided in Section 2.04 of the Loan Agreement. The principal amount of this Note shall be due and payable as provided in Section 2.03 of the Loan Agreement.
Exhibit 4.5 ASSIGNMENT AND ASSUMPTION AGREEMENT PURSUANT TO PLEDGE AND SECURITY AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT (this "AGREEMENT") is made and entered into as of July 25, 1997 by and among ITC/\DELTACOM, INC., a Delaware corporation...Assignment and Assumption Agreement • September 12th, 1997 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
GUARANTYGuaranty • April 2nd, 2001 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
B. The terms of the Plan as agreed to by the Company and certain holders of the Company's 11% Senior Notes due 2007, 8[middot]% Senior Notes due 2008, 9 3/4% Senior Notes due 2008 and 4 1/2% Convertible Subordinated Notes due 2006 (collectively, the...Subscription Agreement • June 26th, 2002 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Delaware
Exhibit 10.38.2 ITC/\DELTACOM, INC. DIRECTOR STOCK OPTION PLAN FORM OF NONQUALIFIED STOCK OPTION AGREEMENT FOR NONEMPLOYEE DIRECTORS TABLE OF CONTENTS 1. GRANT OF OPTION.............................................. 1 2. TERMS OF...Nonqualified Stock Option Agreement • April 2nd, 2001 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Delaware
fromSecurity Agreement • May 15th, 2000 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
Exhibit 1.1 [________] Shares ITC/\DELTACOM, INC. Common Stock (par value $.01 per share) UNDERWRITING AGREEMENTUnderwriting Agreement • October 3rd, 1997 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
Execution Copy REGISTRATION RIGHTS AGREEMENT REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of October 29, 2002 and amended as of October 6, 2003, is made among ITC/\DeltaCom, Inc., a Delaware corporation (the "Company"), SCANA...Registration Rights Agreement • October 21st, 2003 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
Exhibit 10.77.3 FIRST AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 30th, 1998 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Texas
AMENDMENT NO. 1 TO THE CREDIT AGREEMENTCredit Agreement • August 14th, 2001 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
WITNESSETH: ----------Sublease Agreement • August 28th, 1997 • Itc Deltacom Inc • Telephone communications (no radiotelephone)
SUPPLY AGREEMENT FOR TRANSMISSION EQUIPMENT BETWEEN INTERSTATE FIBERNET, INC. AND NORTHERN TELECOM INC.Supply Agreement • July 16th, 1997 • Itc Deltacom Inc • Georgia
TIA Sections Indenture Sections ------------ ------------------ ss. 310(a)(1)..................................... 7.10 (a)(2)....................................... 7.10 (b).......................................... 7.08 ss....Indenture • March 30th, 1998 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of June 20, --------- 2001, is made among ITC/\DeltaCom, Inc., a Delaware corporation (the "Company"), ------- ITC Holding Company, Inc., a Delaware corporation (the "Initial Purchaser"),...Registration Rights Agreement • August 14th, 2001 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Delaware
AMENDMENT NO. 1 TO INVESTMENT AGREEMENTInvestment Agreement • August 14th, 2001 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Delaware
W,Merger Agreement • October 21st, 2003 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
EXHIBIT 10.1 ------------ AGREEMENT CONCERNING VOTINGVoting Agreement • June 26th, 2002 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
Exhibit 4.3 PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • July 16th, 1997 • Itc Deltacom Inc • New York
Execution Copy REGISTRATION RIGHTS AGREEMENT REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of October 6, 2003, is made among ITC/\DeltaCom, Inc., a Delaware corporation (the "Company"), and each Person listed on the signature pages hereof...Registration Rights Agreement • October 21st, 2003 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
Delaware 58-2301135 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification No.) 1791 O. G. Skinner Drive West Point, Georgia 31833 (Address of principal executive offices) (Zip Code) _______________ 4 1/2%...Trust Indenture • August 6th, 1999 • Itc Deltacom Inc • Telephone communications (no radiotelephone)
EXHIBIT 4.3 REGISTRATION RIGHTS AGREEMENT Dated November 5, 1998Registration Rights Agreement • February 4th, 1999 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
Exhibit 99.4 AMENDMENT TO THE SCHEDULES AND THE LEASES AMENDMENT TO THE SCHEDULES AND THE LEASES (this "Amendment"), dated as of October 29, 2002, among Interstate FiberNet, Inc., as a lessee ("FiberNet"), and ITC/\ DeltaCom Communications, Inc., as a...Master Lease Agreement • November 1st, 2002 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
THIS CERTIFIES THAT, for value received, SCANA Corporation, a South Carolina corporation, or its permitted assigns, is entitled to purchase from ITC/\DeltaCom, Inc., a Delaware corporation (the "Corporation"), at any time or ----------- from time to...Warrant Agreement • November 14th, 2001 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Delaware
THIRD AMENDMENT TO FIRST AMENDED AND RESTATED CREDIT AGREEMENT -------------------------------------------Credit Agreement • May 17th, 1999 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Texas
