NextG Networks, Inc. SECOND AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • June 5th, 2008 • Nextg Networks Inc • California
This Second Amended and Restated Executive Employment Agreement (this “Agreement”), dated July 21, 2004 (the “Effective Date”), is executed by and between NextG Networks, Inc., a Delaware corporation (collectively with its successors, the “Company”), and David M. Cutrer (the “Executive”). This Agreement amends and restates the Amended and Restated Executive Employment Agreement, dated July 18, 2001, executed by and between the Company and the Executive (the “Prior Agreement”). In this Agreement, the Executive and the Company are each individually referred to as a “Party,” and are collectively referred to as the “Parties.”
NEXTG NETWORKS, INC.Stock Option Agreement • June 5th, 2008 • Nextg Networks Inc • California
Unless otherwise defined herein, the terms defined in the 2001 Stock Option Plan shall have the same defined meanings in this Stock Option Agreement.
FIRST AMENDMENT TO LEASELease • June 5th, 2008 • Nextg Networks Inc
THIS FIRST AMENDMENT TO LEASE (this “Amendment”) is made and entered into as of April 7, 2008 (for reference purposes only), by and between CARR NP PROPERTIES, L.L.C., a Delaware limited liability company (“Landlord”), and NEXTG NETWORKS INC., a Delaware corporation (“Tenant”).
NextG Networks, Inc. FIRST AMENDED AND RESTATED CHANGE OF CONTROL AGREEMENTChange of Control Agreement • June 5th, 2008 • Nextg Networks Inc • California
This First Amended and Restated Change of Control Agreement (this “Agreement”), dated as of November 15, 2007 (the “Effective Date”), is executed by and among (the “Executive”) and NextG Networks, Inc., a Delaware corporation (the “Company”). The Executive and the Company are each individually referred to in this Agreement as a “Party” and are collectively referred to in this Agreement as the “Parties.” Certain capitalized terms are defined in Section 5.
LEASE RINCON CENTRE Between NextG Networks, Inc. (Tenant) and CarrAmerica Realty Operating Partnership, L.P. (Landlord)Lease • June 5th, 2008 • Nextg Networks Inc
NextG Networks, Inc. 2216 O’Toole Avenue San Jose, California 95131 Facsimile Number: (408) 383-9106 SERIES C AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT December 20, 2007Investor Rights Agreement • June 5th, 2008 • Nextg Networks Inc • Delaware
This Series C Amended and Restated Investor Rights Agreement (as may be amended from time to time, this “Agreement”), dated December 20, 2007 (the “Effective Date”), is executed by and among NextG Networks, Inc., a Delaware corporation (the “Company”), and the persons and entities identified on Exhibit A (each, an “Investor” and, collectively, the “Investors”). The Company and the Investors are each individually referred to in this Agreement as a “Party,” and are collectively referred to in this Agreement as the “Parties.” Certain capitalized terms used in this Agreement are defined in Section 4.1.
NextG Networks, Inc., NextG Networks of California, Inc., NextG Networks of NY, Inc., NextG Networks of Illinois, Inc., and NextG Networks Atlantic Inc. LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 5th, 2008 • Nextg Networks Inc • California
This Loan and Security Agreement (this “Agreement”) is entered into as of January 10, 2008, by and among United Commercial Bank (the “Agent”), the financial institutions named on this Agreement’s signature pages (each, a “Lender” and collectively, the “Lenders”) and NextG Networks, Inc., a Delaware corporation, NextG Networks Of California, Inc., a Delaware corporation, NextG Networks Of NY, Inc., a Delaware corporation, NextG Networks Of Illinois, Inc., a Delaware corporation, and NextG Networks Atlantic Inc., a Virginia corporation (each referred to individually as a “Borrower” and collectively, as the “Borrowers”).
