Exhibit 10.5 CREDIT AGREEMENT Dated as of October 6, 2003Credit Agreement • October 21st, 2003 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
BETWEENAgreement • July 16th, 1997 • Itc Deltacom Inc • Alabama
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...Itc Deltacom Inc • November 14th, 2001 • Telephone communications (no radiotelephone) • Delaware
WITNESSETH: ----------Credit Agreement • February 10th, 1999 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Texas
W,Agreement and Plan of Merger • July 3rd, 2003 • 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
DATED AS OFLoan Agreement • July 16th, 1997 • Itc Deltacom Inc • North Carolina
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
AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • April 30th, 1999 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Delaware
AMENDMENT NO. 2 TO THE CREDIT AGREEMENTCredit Agreement • April 1st, 2002 • 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
This ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Assignment"), dated as of ---------- March 27, 1997, is by and between GULF STATES FIBERNET, a Georgia general partnership, as assignor (the "Assignor"), and GULF STATES TRANSMISSION SYSTEMS, --------...Assignment and Assumption Agreement • July 16th, 1997 • Itc Deltacom Inc
Exhibit 10.5 THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON THE EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR APPLICABLE STATE SECURITIES LAWS. EXCEPT AS OTHERWISE SET FORTH...Itc Deltacom Inc • August 14th, 2001 • Telephone communications (no radiotelephone) • Delaware
PREMISES --------Lease Agreement • August 28th, 1997 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Alabama
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%...Itc Deltacom Inc • August 6th, 1999 • Telephone communications (no radiotelephone)
as WARRANT AGENTWarrant Agreement • October 21st, 2003 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
ITC/\DELTACOM, INC., Issuer and UNITED STATES TRUST COMPANY OF NEW YORK, Trustee INDENTUREItc Deltacom Inc • February 4th, 1999 • Telephone communications (no radiotelephone)
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
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 10.77.3 FIRST AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 30th, 1998 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Texas
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
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...Itc Deltacom Inc • July 3rd, 2003 • Telephone communications (no radiotelephone) • New York
TIA Sections Indenture Sections ------------ ------------------ ss. 310(a)(1)..................................... 7.10 (a)(2)....................................... 7.10 (b).......................................... 7.08 ss....Itc Deltacom Inc • March 30th, 1998 • 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...Itc Deltacom Inc • November 1st, 2002 • Telephone communications (no radiotelephone) • 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
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
Exhibit 10.57 ***PORTIONS OF THIS EXHIBIT MARKED BY BRACKETS ("[_____]") OR OTHERWISE IDENTIFIED HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED PORTIONS HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE...Itc Deltacom Inc • August 28th, 1997 • 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
AMENDMENT NO. 1 TO THE CREDIT AGREEMENTCredit Agreement • August 14th, 2001 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
EXHIBIT 10.3 THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON THE EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR APPLICABLE STATE SECURITIES LAWS. EXCEPT AS OTHERWISE SET FORTH...Itc Deltacom Inc • May 15th, 2001 • Telephone communications (no radiotelephone) • Delaware
EXHIBIT 25.1 FORM T-1 --------------------------------------------------------- ----------------------- ------------------------------------------------------- ------------------------- SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549...Itc Deltacom Inc • July 16th, 1997
INDEMNITY AGREEMENTIndemnity Agreement • October 22nd, 1997 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Delaware
ITC/\DELTACOM, INC. 1997 STOCK OPTION PLAN INCENTIVE STOCK OPTION AGREEMENT AS AMENDEDStock Option Agreement • April 2nd, 2001 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Delaware
Exhibit 4.3 PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • July 16th, 1997 • Itc Deltacom Inc • New York
