June 19, 2003
VIA FACSIMILE
-------------
Xxxx X. Xxxx, Esq.
Xxxxxxx & Xxxxxx, LLP
Xxx Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 000
Xxxx Xxxx Xxxxx, Xxxxxxx 00000
Re: AirNet Communications Corporation (the "Company")
-------------------------------------------------
Dear Xx. Xxxx:
With reference to our letters to you dated January 20, 2003 and April 24, 2003
(the "Escrow Letters") and the Escrow Agreement dated January 20, 2003 by and
among AirNet Communications Corporation, Tandem PCS Investments, L.P., SCP
Private Equity Partners II, L.P. ("SCP") and Mellon Ventures, L.P. ("Mellon"),
as amended on April 24, 2003 (the "Escrow Agreement"), we hereby agree to the
further extension of the Escrow Period (as defined in the Escrow Agreement) in
connection with the proposed financing by TECORE, Inc. and SCP (the "Proposed
Transaction") to August 29, 2003.
Accordingly, notwithstanding any provision to the contrary set forth in the
Escrow Letters or in the Escrow Agreement, if the Proposed Transaction has not
closed by 5:00 p.m. EST, Friday, August 29, 2003, you are hereby instructed to
immediately return the Escrowed Documents to the undersigned.
Subject to and contingent upon the closing of the Proposed Transaction, for the
benefit of the Company, we hereby waive, release and relinquish any and all
claims or rights in or to any accrued but unpaid dividends with respect to the
Series B Convertible Preferred Stock held by Mellon.
Please signify your acceptance of, and agreement with, the foregoing extension
of the Escrow Period by signing below.
Very truly yours, Accepted and Agreed:
Mellon Ventures, X.X. Xxxxxxx & Xxxxxx, LLP
By: MVMA, L.P., its General Partner
By: MVMA, Inc., its General Partner By: /s/ Xxxx X. Xxxx, P.A.
------------------------
Name: Xxxx X. Xxxx, P.A.
By: /s/ Xxxx X. Xxxx Title: Partner
------------------------
Name: Xxxx X. Xxxx
Title: Partner
June 19, 2003
VIA FACSIMILE
-------------
Xxxx X. Xxxx, Esq.
Xxxxxxx & Xxxxxx, LLP
Xxx Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 000
Xxxx Xxxx Xxxxx, Xxxxxxx 00000
Re: AirNet Communications Corporation (the "Company")
-------------------------------------------------
Dear Xx. Xxxx:
With reference to our letters to you dated January 20, 2003 and April 24, 2003
(the "Escrow Letters") and the Escrow Agreement dated January 20, 2003 by and
among AirNet Communications Corporation, Tandem PCS Investments, L.P., SCP
Private Equity Partners II, L.P. ("SCP") and Mellon Ventures, L.P. ("Mellon"),
as amended on April 24, 2003 (the "Escrow Agreement"), we hereby agree to the
further extension of the Escrow Period (as defined in the Escrow Agreement) in
connection with the proposed financing by TECORE, Inc. and SCP (the "Proposed
Transaction") to August 29, 2003.
Accordingly, notwithstanding any provision to the contrary set forth in the
Escrow Letters or in the Escrow Agreement, if the Proposed Transaction has not
closed by 5:00 p.m. EST, Friday, August 29, 2003, you are hereby instructed to
immediately return the Escrowed Documents to the undersigned.
Subject to and contingent upon the closing of the Proposed Transaction, for the
benefit of the Company, we hereby waive, release and relinquish any and all
claims or rights in or to any accrued but unpaid dividends with respect to the
Series B Convertible Preferred Stock held by SCP.
Please signify your acceptance of, and agreement with, the foregoing extension
of the Escrow Period by signing below.
Very truly yours, Accepted and Agreed:
SCP Private Equity Partners II, X.X. Xxxxxxx & Xxxxxx, LLP
By: SCP Private Equity II General Partner, L.P.
By: SCP Private Equity II, LLC By: /s/ Xxxx X. Xxxx, P.A.
-----------------------
Name: Xxxx X. Xxxx, P.A.
By: /s/ Xxxxx X. Xxxxx Title: Partner
---------------------
Name: Xxxxx X. Xxxxx
Title: a manager
June 19, 2003
VIA FACSIMILE
-------------
Xxxx X. Xxxx, Esq.
Xxxxxxx & Xxxxxx, LLP
Xxx Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 000
Xxxx Xxxx Xxxxx, Xxxxxxx 00000
Re: AirNet Communications Corporation (the "Company")
-------------------------------------------------
Dear Xx. Xxxx:
With reference to our letters to you dated January 20, 2003 and April 24, 2003
(the "Escrow Letters") and the Escrow Agreement dated January 20, 2003 by and
among AirNet Communications Corporation, Tandem PCS Investments, L.P., SCP
Private Equity Partners II, L.P. ("SCP") and Mellon Ventures, L.P. ("Mellon"),
as amended on April 24, 2003 (the "Escrow Agreement"), we hereby agree to the
further extension of the Escrow Period (as defined in the Escrow Agreement) in
connection with the proposed financing by TECORE, Inc. and SCP (the "Proposed
Transaction") to August 29, 2003.
Accordingly, notwithstanding any provision to the contrary set forth in the
Escrow Letters or in the Escrow Agreement, if the Proposed Transaction has not
closed by 5:00 p.m. EST, Friday, August 29, 2003, you are hereby instructed to
immediately return the Escrowed Documents to the undersigned.
Subject to and contingent upon the closing of the Proposed Transaction, for the
benefit of the Company, we hereby waive, release and relinquish any and all
claims or rights in or to any accrued but unpaid dividends with respect to the
Series B Convertible Preferred Stock held by Tandem.
Please signify your acceptance of, and agreement with, the foregoing extension
of the Escrow Period by signing below.
Very truly yours, Accepted and Agreed:
Tandem PCS Investments, X.X. Xxxxxxx & Xxxxxx, LLP
By: Live Cycles Holding Co. By: /s/ Xxxx X. Xxxx, P.A.
Its: General Partner ----------------------
Name: Xxxx X. Xxxx, P.A.
Title: Partner
By: /s/ Xxxx Xxxxxxxxx
-----------------------
Name: Xxxx Xxxxxxxxx
Title: Manager
By: /s/ Xxxxxxxx Xxxxxx
-----------------------
Name: Xxxxxxxx Xxxxxx
Title: Vice-President
