Exhibit 10.1 EMPLOYMENT AGREEMENT This Employment Agreement (the "Employment Agreement"), made as of this 4th day of December, 1997 by and between AMERICAN COMMUNICATIONS SERVICES, INC., a Delaware corporation, having its principal place of business...Employment Agreement • August 16th, 1999 • E Spire Communications Inc • Telephone communications (no radiotelephone) • Maryland
Contract Type FiledAugust 16th, 1999 Company Industry Jurisdiction
1 EXHIBIT 10.51 REGISTRATION RIGHTS AGREEMENT Dated as of March 1, 2000Registration Rights Agreement • April 14th, 2000 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledApril 14th, 2000 Company Industry Jurisdiction
EXHIBIT 10.66 LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledJune 22nd, 2001 Company Industry Jurisdiction
WITNESSETHEmployment Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • Virginia
Contract Type FiledJune 22nd, 2001 Company Industry Jurisdiction
1 EXHIBIT 4.2 AMERICAN COMMUNICATIONS SERVICES, INC. 12-3/4% SENIOR DISCOUNT NOTES DUE 2006 SUPPLEMENTAL INDENTURE Dated as of July 7, 1997Supplemental Indenture • August 14th, 1997 • American Communications Services Inc • Telephone communications (no radiotelephone)
Contract Type FiledAugust 14th, 1997 Company Industry
2 - 3 merger or otherwise, including shares issued in connection with the formation of a joint venture.Warrant Agreement • March 28th, 1997 • American Communications Services Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledMarch 28th, 1997 Company Industry Jurisdiction
UNDERWRITING AGREEMENTUnderwriting Agreement • January 31st, 1997 • American Communications Services Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledJanuary 31st, 1997 Company Industry Jurisdiction
1 EXHIBIT 1.2 INDEMNIFICATION AGREEMENT THIS INDEMNIFICATION AGREEMENT is made and entered into as of March 6, 1997 by and between American Communications Services, Inc., a Delaware corporation (the "Company" or the "Indemnitor"), and Alex. Brown &...Indemnification Agreement • April 10th, 1997 • American Communications Services Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledApril 10th, 1997 Company Industry Jurisdiction
1 EXHIBIT 4.6 AMERICAN COMMUNICATIONS SERVICES, INC. 13-3/4% SENIOR NOTES DUE 2007American Communications Services Inc • August 14th, 1997 • Telephone communications (no radiotelephone) • New York
Company FiledAugust 14th, 1997 Industry Jurisdiction
1 EXHIBIT 10.52 WARRANT AGREEMENTWarrant Agreement • April 14th, 2000 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledApril 14th, 2000 Company Industry Jurisdiction
1 EXHIBIT 10.55 REGISTRATION RIGHTS AGREEMENT Dated as of October 16, 1997Registration Rights Agreement • November 14th, 1997 • American Communications Services Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledNovember 14th, 1997 Company Industry Jurisdiction
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledJune 22nd, 2001 Company Industry Jurisdiction
American Communications Services, Inc. Common Stock $.01 par value Underwriting AgreementAmerican Communications Services Inc • March 2nd, 1998 • Telephone communications (no radiotelephone) • New York
Company FiledMarch 2nd, 1998 Industry Jurisdiction
1 EXHIBIT 10.59 ASSIGNMENT AGREEMENT This ASSIGNMENT AGREEMENT (this "AGREEMENT") is entered into by and between the parties designated as Assignors ("ASSIGNORS") and Assignee ("ASSIGNEE") above the signatures of such parties on the Schedule of Terms...Assignment Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledJune 22nd, 2001 Company Industry Jurisdiction
BetweenLoan and Security Agreement • January 20th, 1998 • American Communications Services Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledJanuary 20th, 1998 Company Industry Jurisdiction
FIRST AMENDMENT TO THE FIRST AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledJune 22nd, 2001 Company Industry Jurisdiction
to INDENTUREAmerican Communications Services Inc • January 31st, 1997 • Telephone communications (no radiotelephone) • New York
Company FiledJanuary 31st, 1997 Industry Jurisdiction
1. The Securities. Subject to the terms and conditions herein contained, the Company hereby agrees to issue and sell to the Purchaser and the Purchaser hereby agrees to purchase from the Company up to an aggregate of 50,000 Units (hereinafter defined)...Purchase Agreement • April 14th, 2000 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledApril 14th, 2000 Company Industry Jurisdiction
AMONGCredit Agreement • November 14th, 2000 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledNovember 14th, 2000 Company Industry Jurisdiction
i) In addition to the foregoing compensation, Employee is hereby granted non- qualified options under the Company's Amended 1994 Stock Option Plan (the "Plan") to purchase up to 200,000 shares of the common stock of the Company upon the following...Employment Agreement • March 28th, 1997 • American Communications Services Inc • Telephone communications (no radiotelephone) • Maryland
Contract Type FiledMarch 28th, 1997 Company Industry Jurisdiction
SECOND MASTER AMENDMENT TO LOAN AND SECURITY AGREEMENTS, WAIVER AND EQUIPMENT NOTES MODIFICATION AGREEMENTModification Agreement • October 7th, 1996 • American Communications Services Inc • Telephone communications (no radiotelephone) • New Jersey
Contract Type FiledOctober 7th, 1996 Company Industry Jurisdiction
WITNESSETHEmployment Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • Virginia
Contract Type FiledJune 22nd, 2001 Company Industry Jurisdiction
WITNESSETHEmployment Agreement • March 20th, 1998 • American Communications Services Inc • Telephone communications (no radiotelephone) • Maryland
Contract Type FiledMarch 20th, 1998 Company Industry Jurisdiction
Warrant Agent Dated as of July 10, 1997 2 TABLE OF CONTENTSWarrant Agreement • August 14th, 1997 • American Communications Services Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledAugust 14th, 1997 Company Industry Jurisdiction
BY AND AMONGStock Purchase Agreement • January 31st, 1997 • American Communications Services Inc • Telephone communications (no radiotelephone) • Florida
Contract Type FiledJanuary 31st, 1997 Company Industry Jurisdiction
EXECUTION CREDIT AGREEMENT DATED AS OF AUGUST 11, 1999Credit Agreement • November 15th, 1999 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledNovember 15th, 1999 Company Industry Jurisdiction
2 3 (n) "Restricted Holder" shall mean (i) a holder that is an affiliate of the Company within the meaning of Rule 405 under the Securities Act, (ii) a holder who acquires Exchange Notes outside the ordinary course of such holder's business or (iii) a...Exchange and Registration Rights Agreement • September 23rd, 1998 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledSeptember 23rd, 1998 Company Industry Jurisdiction
1 EXHIBIT 10.2 AMERICAN COMMUNICATIONS SERVICES, INC. 13-3/4% SENIOR NOTES DUE 2007 REGISTRATION RIGHTS AGREEMENTAmerican Communications Services Inc • August 14th, 1997 • Telephone communications (no radiotelephone) • New York
Company FiledAugust 14th, 1997 Industry Jurisdiction
1 EXHIBIT 4.15 AMERICAN COMMUNICATIONS SERVICES, INC. 13 3/4% SENIOR NOTES DUE 2007 SUPPLEMENTAL INDENTURE Dated as of February 27, 1998Indenture • March 20th, 1998 • American Communications Services Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledMarch 20th, 1998 Company Industry Jurisdiction
EXHIBIT NO.10.43 OFFICE SPACE LEASE by and between MONUMENT ONE LLCE Spire Communications Inc • March 31st, 1999 • Telephone communications (no radiotelephone) • Virginia
Company FiledMarch 31st, 1999 Industry Jurisdiction
WITNESSETHEmployment Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • Virginia
Contract Type FiledJune 22nd, 2001 Company Industry Jurisdiction
WITNESSETHEmployment Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • Delaware
Contract Type FiledJune 22nd, 2001 Company Industry Jurisdiction
1 EXHIBIT 4.3 THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR ANY STATE SECURITIES LAWS. NEITHER THIS SECURITY NOR ANY INTEREST OR PARTICIPATION HEREIN MAY BE REOFFERED, SOLD, ASSIGNED,...American Communications Services Inc • August 14th, 1997 • Telephone communications (no radiotelephone)
Company FiledAugust 14th, 1997 Industry
Initial Rent Factor: 5.733 % quarterly Initial Lease Term: 6 years ------- -------Master Equipment Lease Agreement • April 14th, 2000 • E Spire Communications Inc • Telephone communications (no radiotelephone)
Contract Type FiledApril 14th, 2000 Company Industry
1 Exhibit 10.1 e.spire COMMUNICATIONS, INC. PURCHASE AGREEMENTPurchase Agreement • November 14th, 2000 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledNovember 14th, 2000 Company Industry Jurisdiction