SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 31st, 2008 • Mitel Networks Corp • Radio & tv broadcasting & communications equipment • New York
THIS SECOND AMENDMENT TO CREDIT AGREEMENT, dated as of December 12, 2007 (this “Amendment” or this “Second Amendment”), among Mitel US Holdings, Inc. (“Borrower”) and Mitel Networks Corporation (the “Parent”), the various financial institutions and other Persons (each as defined in the Credit Agreement referred to below)) listed on the signature pages hereof (each a “Lender” and collectively, the “Lenders”), and Morgan Stanley Senior Funding, Inc. (“MSSF”); as the Administrative Agent (in such capacity, the “Administrative Agent”).
MITEL NETWORKS CORPORATION CLASS 1 CONVERTIBLE PREFERRED SHARE AND WARRANT SUBSCRIPTION AGREEMENT January 18, 2008Class 1 Convertible Preferred Share and Warrant Subscription Agreement • October 31st, 2008 • Mitel Networks Corp • Radio & tv broadcasting & communications equipment • New York
The Corporation wishes to issue and sell an aggregate of 9,668 Class 1 Convertible Preferred Shares in the capital of the Corporation and warrants to purchase up to 732,618 Common Shares of the Corporation to the Investors and the Investors wish to purchase such shares and warrants upon the terms and conditions set forth in this Agreement (the “Investment”).
FIRST AMENDMENT TO SECOND LIEN CREDIT AGREEMENTSecond Lien Credit Agreement • October 31st, 2008 • Mitel Networks Corp • Radio & tv broadcasting & communications equipment • New York
This First Amendment, dated as of September 26, 2007 (this “Amendment Agreement”), is among MITEL US HOLDINGS, INC., a Delaware corporation (the “Borrower”). MITEL NETWORKS CORPORATION, a company organized under the laws of Canada (the “Parent”), each of the Obligors (other than the Borrower), the various financial institutions and other Persons (such capitalized term and all other capitalized terms used in this Amendment Agreement shall, unless otherwise defined herein, have the meanings set forth in the Existing Second Lien Credit Agreement (as defined in Section 1.1 below)) from time to time parties hereto (together with any Assignee Lenders, the “Lenders”), MORGAN STANLEY SENIOR FUNDING, INC. (“MSSF”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), MORGAN STANLEY & CO. INCORPORATED (“MS&Co”), as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”), and MSSF and MERRILL LYNCH PIERCE FENNER & SMITH INCORPORATED (
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 31st, 2008 • Mitel Networks Corp • Radio & tv broadcasting & communications equipment • New York
THIS THIRD AMENDMENT TO CREDIT AGREEMENT, dated as of July 31, 2008 (this “Amendment”), among Mitel Networks, Inc. (“MNI”), Mitel US Holdings, Inc. (“Holdings”), Mitel (Delaware), Inc. (together with MNI and Holdings, each, a “U.S. Borrower” and collectively, the “U.S. Borrowers”), Mitel Networks Corporation (the “Canadian Borrower” and together with the U.S. Borrowers, each a “Borrower” and collectively, the “Borrowers”), the various financial institutions and other Persons (including Canadian Facility Lenders acting through their U.S. branches, agencies or Affiliates (each as defined in the Credit Agreement referred to below)) listed on the signature pages hereof (each a “Lender” and collectively, the “Lenders”), and Morgan Stanley Senior Funding, Inc. (“MSSF”), as the U.S. Administrative Agent (in such capacity, the “U.S. Administrative Agent”).
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 31st, 2008 • Mitel Networks Corp • Radio & tv broadcasting & communications equipment • New York
THIS THIRD AMENDMENT TO CREDIT AGREEMENT, dated as of July 31, 2008 (this “Amendment”), among Mitel US Holdings, Inc. (“Borrower”) and Mitel Networks Corporation (the “Parent”), the various financial institutions and other Persons (each as defined in the Credit Agreement referred to below)) listed on the signature pages hereof (each a “Lender” and collectively, the “Lenders”), and Morgan Stanley Senior Funding, Inc. (“MSSF”), as the Administrative Agent (in such capacity, the “Administrative Agent”).
FIRST AMENDMENT TO FIRST LIEN CREDIT AGREEMENTFirst Lien Credit Agreement • October 31st, 2008 • Mitel Networks Corp • Radio & tv broadcasting & communications equipment • New York
This First Amendment, dated as of September 26, 2007 (this “Amendment Agreement”), is among MITEL NETWORKS CORPORATION, a company organized under the laws of Canada (in its capacity as the borrower of the Canadian Credit Extensions (such capitalized term and all other capitalized terms used in this Amendment Agreement shall, unless otherwise defined herein, have the meanings set forth in the Existing First Lien Credit Agreement (as defined in Section 1.1 below)), the “Canadian Borrower”), MITEL NETWORKS, INC., a Delaware corporation (“MNI”), MITEL US HOLDINGS, INC., a Delaware corporation (in its capacity as the borrower of the Terms Loans, the “Term Loan Borrower”), INTER-TEL (DELAWARE), INCORPORATED, a Delaware corporation (together with MNI in their-capacities as borrowers of the U.S. Credit Extensions (other than Term Loans), collectively, the “U.S. Revolving Loan Borrowers” and, together with the Term Loan Borrower, collectively, the “U.S. Borrowers”; the U.S. Borrowers together w
