AMENDED AND RESTATED STOCK PLEDGE AGREEMENTStock Pledge Agreement • May 11th, 2004 • Acceris Communications Inc • Telegraph & other message communications • New York
Contract Type FiledMay 11th, 2004 Company Industry JurisdictionFOR VALUE RECEIVED and in consideration of the loan, or other financial accommodations now or hereafter made by Counsel Corporation, an Ontario corporation (“Secured Party”), on the one hand, to Acceris Communications Inc., formerly known as I-Link Incorporated, a Florida corporation (“Pledgor”), on the other hand, pursuant to the Loan Agreement between Secured Party and Pledgor dated as of January 26, 2004 (the “Loan Agreement”), including specifically the Original Advances, the Additional Advance and any Subsequent Advances (as such terms are defined in the Loan Agreement) and as evidenced from time to time by the Promissory Note(s) of Pledgor (collectively, the “Note”) and to induce Secured Party to make such extensions of credit or financial accommodations to Pledgor, Pledgor does hereby convey and grant a security interest to Secured Party in accordance with the terms set forth below in this Stock Pledge Agreement (the “Agreement”).
AMENDED AND RESTATED STOCK PLEDGE AGREEMENTStock Pledge Agreement • April 14th, 2004 • Acceris Communications Inc • Telegraph & other message communications • New York
Contract Type FiledApril 14th, 2004 Company Industry JurisdictionFOR VALUE RECEIVED and in consideration of the loan, or other financial accommodations now or hereafter made by Counsel Corporation (US), a Delaware corporation (“Secured Party”), on the one hand, to Acceris Communications Inc., formerly known as I-Link Incorporated, a Florida corporation (“Pledgor”), on the other hand, including specifically the loan to Pledgor of up to Nine Million Seven Hundred Forty Three Thousand, Four Hundred Seventy Nine and 16/100ths Dollars ($9,743,479.16) evidenced by the Promissory Note of Pledgor dated as of October 1, 2003 (the “Note”) and to induce Secured Party to make such extensions of credit or financial accommodations to Pledgor, Pledgor does hereby convey and grant a security interest to Secured Party as of October 1, 2003 in accordance with the terms set forth below in this Stock Pledge Agreement (the “Agreement”). It is specifically understood and agreed that nothing in this Agreement shall impair or hinder the rights of Foothill Capital Corporati