EXHIBIT 10
AMENDED AND RESTATED JOINT FILING AGREEMENT
The Joint Filing Agreement dated as of February 6, 2004 among Aspen
Capital Partners, LP, Aspen Capital LLC, Aspen Advisors LLC, and Xxxxx Xxxxx is
hereby amended and restated as follows:
In accordance with Rule 13d-1(k) promulgated under the Securities
Exchange Act of 1934, as amended, the undersigned hereby agree to the joint
filing with all other Reporting Persons (as such term is defined in the Schedule
13D referred to below) on behalf of each of them of a statement on Schedule 13D
(including amendments thereto) with respect to the common stock of First Avenue
Networks, Inc., a Delaware corporation, and that this Agreement may be included
as an exhibit to such joint filing. This Joint Filing Agreement may be executed
in any number of counterparts, all of which taken together shall constitute one
and the same instrument.
IN WITNESS WHEREOF, the undersigned hereby execute this Agreement as of
the 19 day of January, 2005.
ASPEN PARTNERS, SERIES A, a series of
ASPEN CAPITAL PARTNERS, LP
By: ASPEN CAPITAL LLC,
its general partner
By: /s/ XXXXX XXXXX /s/ XXXXX XXXXX
---------------------------------- -----------------------------------
Name: Xxxxx Xxxxx Xxxxx Xxxxx
Title: Managing Member
ASPEN CAPITAL LLC TELIGENT, INC.
By: /s/ XXXXX XXXXX By: /s/ XXXXXX X. XXXXX
---------------------------------- -------------------------------
Name: Xxxxx Xxxxx Name: Xxxxxx X. Xxxxx
Title: Managing Member Title: President and CEO
ASPEN ADVISORS LLC
By: /s/ XXXXX XXXXX
----------------------------------
Name: Xxxxx Xxxxx
Title: Managing Member
