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
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
American Communications Services, Inc. Common Stock $.01 par value Underwriting AgreementUnderwriting Agreement • March 2nd, 1998 • American Communications Services Inc • 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, 1998Supplemental Indenture • March 20th, 1998 • American Communications Services Inc • Telephone communications (no radiotelephone) • New York
1 AMENDMENT REGARDING FILING OF PROXY STATEMENTPurchase Agreement • August 14th, 2000 • E Spire Communications Inc • Telephone communications (no radiotelephone)
1 EXHIBIT 10.2 AMERICAN COMMUNICATIONS SERVICES, INC. 13-3/4% SENIOR NOTES DUE 2007 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 14th, 1997 • American Communications Services Inc • Telephone communications (no radiotelephone) • New York
COMMON STOCKUnderwriting Agreement • April 10th, 1997 • American Communications Services Inc • 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
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
1 EXHIBIT 10.67 133 NATIONAL BUSINESS PARKWAY NATIONAL BUSINESS PARK (American Communications Services, Inc.- Suites 200 and 300) THIS AGREEMENT OF LEASE (the "Lease") made this ______________ day of ______________________, 1997, by and between...Lease Agreement • March 20th, 1998 • American Communications Services Inc • Telephone communications (no radiotelephone)
SECOND AMENDMENT TO THE FIRST AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
1 EXHIBIT 4.6 AMERICAN COMMUNICATIONS SERVICES, INC. 13-3/4% SENIOR NOTES DUE 2007Indenture • August 14th, 1997 • American Communications Services Inc • Telephone communications (no radiotelephone) • New York
BetweenLoan and Security Agreement • January 20th, 1998 • American Communications Services Inc • 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
WITNESSETHEmployment Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • Virginia
AMONGCredit Agreement • November 14th, 2000 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
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,...Security Agreement • August 14th, 1997 • American Communications Services Inc • Telephone communications (no radiotelephone)
1 EXHIBIT 10.52 WARRANT AGREEMENTWarrant Agreement • April 14th, 2000 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
FORBEARANCE AGREEMENT TO CREDIT AGREEMENTForbearance Agreement • August 14th, 2000 • E Spire Communications Inc • Telephone communications (no radiotelephone) • New York
Lease BetweenLease • May 17th, 1999 • E Spire Communications Inc • Telephone communications (no radiotelephone) • Virginia
WITNESSETHEmployment Agreement • March 20th, 1998 • American Communications Services Inc • Telephone communications (no radiotelephone) • Maryland
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
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
SECOND MASTER AMENDMENT TO LOAN AND SECURITY AGREEMENTS, WAIVER AND EQUIPMENT NOTES MODIFICATION AGREEMENTLoan and Security Agreement • October 7th, 1996 • American Communications Services Inc • Telephone communications (no radiotelephone) • New Jersey
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
AS LANDLORD AND e.spire COMMUNICATIONS, INC. AS TENANT OFFICE LEASELease Agreement • November 15th, 1999 • 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
WITNESSETHEmployment Agreement • June 22nd, 2001 • E Spire Communications Inc • Telephone communications (no radiotelephone) • Delaware
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
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)
