Common Contracts

AGREEMENT AND PLAN OF MERGER by and among ZAYO GROUP, LLC ZAYO MERGER SUB, INC. and FIBERNET TELECOM GROUP, INC. Dated as of May 28, 2009

Merger Agreement • May 29th, 2009 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • Delaware

• Contract Type
  Merger Agreement
• Filed
  May 29th, 2009
• Company
  Fibernet Telecom Group Inc\
• Industry
  Telephone communications (no radiotelephone)
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER (hereinafter referred to as this “Agreement”) is entered into as of May 28, 2009, by and among Zayo Group, LLC (“Parent”), a Delaware limited liability company, Zayo Merger Sub, Inc. (“Purchaser”), a Delaware corporation and direct wholly-owned subsidiary of Parent, and FiberNet Telecom Group, Inc., a Delaware corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER by and among EDGE ACQUISITION, LLC EDGE ACQUISITION CORPORATION and EDUCATE, INC. Dated as of January 28, 2007

Merger Agreement • January 29th, 2007 • Educate Inc • Services-educational services • Delaware

• Contract Type
  Merger Agreement
• Filed
  January 29th, 2007
• Company
  Educate Inc
• Industry
  Services-educational services
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is entered into as of January 28, 2007, by and among Edge Acquisition, LLC, a Delaware limited liability company (“Parent”), Edge Acquisition Corporation, a Delaware corporation and wholly-owned subsidiary of Parent (“MergerCo”), and Educate, Inc., a Delaware corporation (the “Company”). Capitalized terms used, but not otherwise defined, herein shall have the meanings set forth in Section 8.1.