Globalive Communications Corp. Sample Contracts

AGREEMENT AND PLAN OF MERGER DATED AS OF SEPTEMBER 20, 2006, BY AND AMONG GLOBALIVE COMMUNICATIONS CORP. YAKQUISITION CORP. AND YAK COMMUNICATIONS INC.

Merger Agreement • October 3rd, 2006 • Globalive Communications Corp. • Telephone communications (no radiotelephone) • Delaware

• Contract Type
  Merger Agreement
• Filed
  October 3rd, 2006
• Company
  Globalive Communications Corp.
• Industry
  Telephone communications (no radiotelephone)
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of September 20, 2006, by and among Globalive Communications Corp., a Nova Scotia unlimited liability company (“Parent”), Yakquisition Corp., a Delaware corporation (“Sub”) and a wholly-owned subsidiary of Parent, and Yak Communications Inc., a Florida corporation (the “Company”).

AMENDMENT AGREEMENT

Amendment Agreement • October 31st, 2006 • Globalive Communications Corp. • Telephone communications (no radiotelephone) • Delaware

• Contract Type
  Amendment Agreement
• Filed
  October 31st, 2006
• Company
  Globalive Communications Corp.
• Industry
  Telephone communications (no radiotelephone)
• Jurisdiction
  Delaware

THIS AMENDMENT AGREEMENT (this “Agreement”) is made and entered into as of October 30, 2006, by and among Globalive Communications Inc., a Nova Scotia unlimited liability company (“Parent”), Yakquisition Corp., a Delaware corporation (“Sub”) and a wholly-owned subsidiary of Parent, and Yak Communications Inc., a Florida corporation (the “Company”), to amend the terms of the Agreement and Plan of Merger dated as of September 20, 2006, by and among Parent, Sub and the Company (the “Prior Agreement”). Certain capitalized terms not defined herein shall have the meaning ascribed to them in the Prior Agreement.

Confidentiality Agreement

Confidentiality Agreement • October 3rd, 2006 • Globalive Communications Corp. • Telephone communications (no radiotelephone) • Ontario

• Contract Type
  Confidentiality Agreement
• Filed
  October 3rd, 2006
• Company
  Globalive Communications Corp.
• Industry
  Telephone communications (no radiotelephone)
• Jurisdiction
  Ontario

In connection with discussions between you and the undersigned relating to a possible offer by you to acquire all of the outstanding shares of common stock of Yak Communications Inc. (the “Acquisition”) you have requested that certain Confidential Information (as hereinafter defined) be provided to you by the undersigned, its Affiliates (as that term is defined in the U.S. Securities Act of 1933, as amended) or “Representatives” (as hereinafter defined). In consideration of the undersigned providing or causing the Confidential Information to be provided to you, the undersigned and you agree as follows: