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
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
EXHIBIT 10.66 LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
WITNESSETHEmployment Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • Virginia
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)
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
UNDERWRITING AGREEMENTUnderwriting Agreement • January 31st, 1997 • American Communications Services Inc • Telephone communications (no radiotelephone) • New York
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
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
1 EXHIBIT 10.52 WARRANT AGREEMENTWarrant Agreement • April 14th, 2000 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
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
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
American Communications Services, Inc. Common Stock $.01 par value Underwriting AgreementAmerican Communications Services Inc • March 2nd, 1998 • Telephone communications (no radiotelephone) • New York
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
BetweenLoan and Security Agreement • January 20th, 1998 • American Communications Services Inc • Telephone communications (no radiotelephone) • New York
FIRST AMENDMENT TO THE FIRST AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
to INDENTUREAmerican Communications Services Inc • January 31st, 1997 • Telephone communications (no radiotelephone) • New York
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
AMONGCredit Agreement • November 14th, 2000 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
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
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
WITNESSETHEmployment Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • Virginia
WITNESSETHEmployment Agreement • March 20th, 1998 • American Communications Services Inc • Telephone communications (no radiotelephone) • Maryland
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
BY AND AMONGStock Purchase Agreement • January 31st, 1997 • American Communications Services Inc • Telephone communications (no radiotelephone) • Florida
EXECUTION CREDIT AGREEMENT DATED AS OF AUGUST 11, 1999Credit Agreement • November 15th, 1999 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
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
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
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
EXHIBIT NO.10.43 OFFICE SPACE LEASE by and between MONUMENT ONE LLCE Spire Communications Inc • March 31st, 1999 • Telephone communications (no radiotelephone) • Virginia
WITNESSETHEmployment Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • Virginia
WITNESSETHEmployment Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • Delaware
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)
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)
1 Exhibit 10.1 e.spire COMMUNICATIONS, INC. PURCHASE AGREEMENTPurchase Agreement • November 14th, 2000 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
