Exhibit 4.3 ------------------------------------------------------------------------------- METROMEDIA FIBER NETWORK, INC. $[ ] [ ]% SENIOR NOTES DUE 2009 [EURO][ ] [ ]% SENIOR NOTES DUE 2009 FORM OF INDENTURE Dated as of November __, 1999 THE BANK OF...Indenture • October 27th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • New York
EXHIBIT 4.2 NOTE PURCHASE AGREEMENTNote Purchase Agreement • October 10th, 2001 • Metromedia Fiber Network Inc • Communications services, nec • New York
EXHIBIT 1 AGREEMENT AND PLAN OF MERGER, dated as of October 9, 2000,Merger Agreement • October 11th, 2000 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • Delaware
8.5% SENIOR SECURED CONVERTIBLE NOTES DUE 2011 INDENTUREIndenture • October 10th, 2001 • Metromedia Fiber Network Inc • Communications services, nec • New York
Exhibit 1.4 [Form of Selling Stockholder Underwriting Agreement] Metromedia Fiber Network, Inc. Class A Common Stock (par value $.01 per share) Underwriting AgreementUnderwriting Agreement • October 27th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • New York
EXHIBIT 10.5 STOCKHOLDERS AGREEMENTStockholders Agreement • October 18th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • New York
EXHIBIT 4.6 THIS WARRANT AND THE SHARES ISSUABLE UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED, OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION THEREOF UNDER...Warrant Agreement • September 10th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • California
Exhibit 4.11(b) THIS WARRANT AND THE COMMON STOCK PURCHASABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF A REGISTRATION...Common Stock Purchase Warrant • September 10th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • Delaware
SHAREHOLDERS AGREEMENT RELATING TO ABOVENET UK LIMITED -------------------------------------------------- TARLO LYONS Watchmaker Court 33 St. John's Lane London EC1M 4DB Tel: 0171-405 2000 Fax: 0171-814 9423 Ref: RLH/RAC/334107 CONTENTSShareholder Agreement • September 10th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • London
Exhibit 10.17 METROMEDIA FIBER NETWORK, INC. 10% Senior Notes Due 2008 Purchase AgreementPurchase Agreement • January 25th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • New York
WITNESSETHSecurity Agreement • January 25th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • New York
JOINT FILING AGREEMENTJoint Filing Agreement • October 25th, 2001 • Metromedia Fiber Network Inc • Communications services, nec
The undersigned acknowledge and agree that the foregoing statement on Schedule 13D is filed on behalf of each of the undersigned and that all subsequent amendments to this statement on Schedule 13D shall be filed on behalf of each of the undersigned without the necessity of filing additional joint filing agreement. The undersigned acknowledge that each shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning him, her or it contained herein, but shall not be responsible for the completeness and accuracy of the information concerning the other entities or persons, except to the extent that he, she or it knows or has reason to believe that such information is accurate.
EXHIBIT 1.2 Metromedia Fiber Network, Inc. Class A Common Stock (par value $.01 per share) Underwriting AgreementUnderwriting Agreement • November 24th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • New York
October 1, 2001 Metromedia Fiber Network, Inc. One North Lexington Avenue White Plains, NY 10601 Ladies & Gentlemen: Reference is hereby made to that certain Note Purchase Agreement, dated as of the date hereof (the "PURCHASE AGREEMENT"), by and...Exchange Agreement • October 10th, 2001 • Metromedia Fiber Network Inc • Communications services, nec • New York
EXHIBIT 4.4 SHAREHOLDERS AGREEMENT entered into by and between Raiffeisen Rechenzentrum Ges.m.b.H having its registered offices at 1020 Vienna, Hollandstrasse 11-13 (hereinafter referred to as "RRZ") and AboveNet Communications, Inc. having its...Shareholders Agreement • September 10th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone)
EXHIBIT 10.2 REGISTRATION RIGHTS AGREEMENT REGISTRATION RIGHTS AGREEMENT, dated as of October 1, 2001 (this "AGREEMENT"), by and among METROMEDIA FIBER NETWORK, INC., a Delaware corporation (the "COMPANY"), John W. Kluge, Chase Manhattan Bank and...Registration Rights Agreement • October 10th, 2001 • Metromedia Fiber Network Inc • Communications services, nec • New York
EXECUTION COPY AMENDMENT NO. 1 TO SECURITIES PURCHASE AGREEMENT AMENDMENT NO. 1 TO SECURITIES PURCHASE AGREEMENT, dated as of October 1, 2001 (this "AMENDMENT"), by and between METROMEDIA FIBER NETWORK, INC., a Delaware corporation (the "COMPANY"),...Securities Purchase Agreement • October 10th, 2001 • Metromedia Fiber Network Inc • Communications services, nec
ARTICLE I DEFINITIONSStockholders' Agreement • October 10th, 2001 • Metromedia Fiber Network Inc • Communications services, nec • New York
andIndenture • October 15th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • New York
6.15% CONVERTIBLE SUBORDINATED NOTES DUE [2009] INDENTURE Dated as of [ ], [1999] ----------------------------Indenture • October 18th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • New York
EMPLOYMENT AGREEMENTEmployment Agreement • February 11th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • New York
ARTICLE IVoting Agreement • October 25th, 2001 • Metromedia Fiber Network Inc • Communications services, nec • New York
RECITALS:Note Agreement • October 10th, 2001 • Metromedia Fiber Network Inc • Communications services, nec • New York
WARRANT TO PURCHASE COMMON STOCK OF ABOVENET COMMUNICATIONS INC.Warrant Agreement • September 10th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • California
BELL ATLANTIC INVESTMENTS, INC. TABLE OF CONTENTS SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 18th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • New York
LICENSE AGREEMENT -----------------License Agreement • September 23rd, 1997 • National Fiber Network Inc • Telephone communications (no radiotelephone) • New York
EXHIBIT 10.3 Howard Finkelstein EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT, dated as of April 30, 1997, by and between NATIONAL FIBER NETWORK, INC., a Delaware corporation ("Company") and HOWARD FINKELSTEIN ("Executive"). WHEREAS, Company desires to...Employment Agreement • October 23rd, 1997 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • New York
EXHIBIT 10.25 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the "Agreement"), dated as of October 9, 2000, is entered into by and between Metromedia Fiber Network, Inc. ("MFN") and SiteSmith, Inc., a Delaware corporation ("Company"), on the one...Employment Agreement • November 9th, 2000 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • Texas
Exhibit 10.18 METROMEDIA FIBER NETWORK, INC. 10% Senior Notes Due 2008 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 25th, 1999 • Metromedia Fiber Network Inc • Telephone communications (no radiotelephone) • New York
betweenWarrant Agreement • October 10th, 2001 • Metromedia Fiber Network Inc • Communications services, nec • Delaware
ABOVENET, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC as Rights Agent AMENDED AND RESTATED RIGHTS AGREEMENT Dated as of August 3, 2009Rights Agreement • August 3rd, 2009 • Abovenet Inc • Communications services, nec • Delaware
This amended and restated Rights Agreement (“Agreement”), dated as of August 3, 2009, between ABOVENET, INC., a Delaware corporation (the “Company”), and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC (“Rights Agent”).
ARTICLE IVoting Agreement • October 18th, 2001 • Metromedia Fiber Network Inc • Communications services, nec • New York
CLASS A COMMON STOCK" shall have the meaning assigned to such term in the recitals hereof. "DEMAND REGISTRATION" shall have the meaning assigned to such term in Section 2(a) hereof. "DEMAND REGISTRATION STATEMENT" shall have the meaning assigned to...Registration Rights Agreement • October 10th, 2001 • Metromedia Fiber Network Inc • Communications services, nec • New York
VOTING AGREEMENTVoting Agreement • October 10th, 2001 • Metromedia Fiber Network Inc • Communications services, nec • New York
JOINDER AGREEMENT JOINDER AGREEMENT, dated as of October 1, 2001 between METROMEDIA FIBER NETWORK, INC, a Delaware Corporation (the "ISSUER"), and the other parties signatories hereto (this "JOINDER AGREEMENT"). A. Reference is made to that certain...Joinder Agreement • October 25th, 2001 • Metromedia Fiber Network Inc • Communications services, nec
