FIFTH FORBEARANCE AGREEMENTForbearance Agreement • October 7th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • Illinois
This Fifth Forbearance Agreement (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is made and entered into as of July 1, 2010 by and among Wave2Wave Communications, Inc., a Delaware corporation (“Borrower”), RNK, Inc., a Massachusetts corporation (“RNK”), Wave2Wave VOIP Communications, LLC, a Delaware limited liability company (“VOIP”), Wave2Wave Data Communications, LLC, a Delaware limited liability company (“Wave Data”), Wave2Wave Communications Mid-West Region, LLC, a Delaware limited liability company (“Wave Communications”), RNK VA, LLC, a Virginia limited liability company (“RNK VA”; RNK VA, together with Borrower, RNK, VOIP, Wave Data and Wave Communications are sometimes hereinafter referred to individually as a “Company” and collectively as the “Companies”), the financial institutions party hereto as “Lenders” (collectively, the “Lenders”) and Victory Park Management, LLC, as administrative agent and collateral agent for the Lender
ContractTerm Note • October 7th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • New York
THIS INSTRUMENT AND THE RIGHTS, REMEDIES AND OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATE IN THE MANNER AND TO THE EXTENT SET FORTH IN THOSE CERTAIN SUBORDINATION AGREEMENTS (AS DEFINED BELOW).
NOTE EXCHANGE AND MODIFICATION AGREEMENTNote Exchange and Modification Agreement • October 7th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • Massachusetts
This NOTE EXCHANGE AND MODIFICATION AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of September 21, 2010 by and among RNK HOLDING COMPANY, a Massachusetts business trust (“RNK Holding”), HANOVER LEASING, LLC, a Delaware limited liability company (“Hanover”), MR. DOUG DENNY-BROWN, an individual (“Denny-Brown”), MR. NEAL HART, an individual (“Hart”), MR. GLENN POKRAKA, an individual (“Pokraka”), MR. JOHN SKINNER, an individual (“Skinner”), and MR. FRED WEMYSS, an individual (together with RNK Holding, Hanover, Denny-Brown, Hart, Pokraka and Skinner, each a “Subordinated Creditor” and collectively the “Subordinated Creditors”), WAVE2WAVE COMMUNICATIONS, INC., a Delaware corporation (together with its successors and assigns, including any receiver, trustee or debtor-in-possession, the “Borrower”) and each of the other Obligors (as defined below).
NOTE EXCHANGE AND MODIFICATION AGREEMENTNote Exchange and Modification Agreement • October 7th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • New Jersey
This NOTE EXCHANGE AND MODIFICATION AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of September 21, 2010 by and among THE WILMINGTON TRUST COMPANY AND GEORGE JEFF MENNEN AS CO-TRUSTEES U/A/D NOVEMBER 25, 1970, AS AMENDED FOR THE BENEFIT OF JOHN HENRY MENNEN, successor in interest to Greystone Funding Corporation solely in its capacity as Lender under the Subordinated Debt Documents (as defined below) (together with their respective successors and assigns, the “Subordinated Creditor”), WAVE2WAVE COMMUNICATIONS, INC., a Delaware corporation (together with its successors and assigns, including any receiver, trustee or debtor-in-possession, the “Borrower”), and each of the other Obligors (as defined below).
