WARRANT AGREEMENT BETWEEN WAVE2WAVE COMMUNICATIONS, INC. AND CONTINENTAL STOCK TRANSFER & TRUST COMPANY DATED AS OF _____________, 2010Warrant Agreement • December 15th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • New York
This Agreement, dated as of __________, 2010, is between Wave2Wave Communications, Inc., a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation (the “Warrant Agent”).
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY OTHER SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED, PLEDGED OR...’s Warrant • December 15th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • New York
This UNDERWRITER’S WARRANT (this “Warrant”) of Wave2Wave Communications, Inc., a corporation duly organized and validly existing under the laws of the State of Delaware (the “Company”), is being issued pursuant to that certain Underwriting Agreement, dated as of ______________, 2010 (the “Underwriting Agreement”), by and among the Company and Aegis Capital Corp., as the representative of the underwriters named therein (the “Representatives”) relating to a firm commitment public offering (the “Offering”) of ______ shares (the “Shares”) of Common Stock, $0.0001 par value per share (the “Common Stock”) and _____ warrants (the “Warrant”) to purchase shares Common Stock, of the Company, underwritten by the Representative and the underwriters named in the Underwriting Agreement.
SEVENTH FORBEARANCE AGREEMENTSeventh Forbearance Agreement • December 15th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • Illinois
This Seventh Forbearance Agreement (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is made and entered into as of December 13, 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
