1 Exhibit 10.4 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (this "Agreement") is made as of February 10, 1998 by BIRCH TELECOM, INC., a Delaware corporation (the "Company"), and GREGORY C. LAWHON, an individual (the "Employee"). The Company and the...Employment Agreement • September 18th, 1998 • Birch Telecom Inc /Mo • Telephone communications (no radiotelephone) • Missouri
2. 3 1.5 CERTAIN DEFINITIONS. The Series B Preferred Shares and Subordinated Notes are sometimes individually referred to as a "New Security" and, collectively, as the "New Securities." The Common Shares, Series C Preferred Shares and New Securities...Securities Purchase Agreement • September 18th, 1998 • Birch Telecom Inc /Mo • Telephone communications (no radiotelephone) • Missouri
2 3 maintenance of such Exchange Offer Registration Statement continuously effective and the keeping of the Exchange Offer open for a period not less than the period required pursuant to Section 3(b) hereof and (c) the delivery by the Company to the...Registration Rights Agreement • September 18th, 1998 • Birch Telecom Inc /Mo • Telephone communications (no radiotelephone) • New York
1 Exhibit 10.9 STOCK PURCHASE AGREEMENT This Stock Purchase Agreement is made as of May 28, 1998, among BIRCH TELECOM, INC., a Delaware corporation ("Buyer"), TELESOURCE COMMUNICATIONS, INC., a Kansas corporation (the "Company"), and MICHAEL W. HICKS...Stock Purchase Agreement • September 18th, 1998 • Birch Telecom Inc /Mo • Telephone communications (no radiotelephone) • Kansas
1 EXHIBIT 10.7 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (this "Agreement") is made as of February 10, 1998 by BIRCH TELECOM, INC., a Delaware corporation (the "Company"), and STEPHEN L. SAUDER, an individual (the "Employee"). The Company and the...Employment Agreement • September 18th, 1998 • Birch Telecom Inc /Mo • Telephone communications (no radiotelephone) • Missouri
PAGE 1 OF 33 RESALE AGREEMENT BETWEEN SOUTHWESTERN BELL TELEPHONE COMPANY AND BIRCH TELECOM OF MISSOURI, INC. This Agreement is between Southwestern Bell Telephone Company ("SWBT"), a Missouri corporation, and Birch Telecom of Missouri, Inc. ("LSP")...Resale Agreement • September 18th, 1998 • Birch Telecom Inc /Mo • Telephone communications (no radiotelephone) • Missouri
i 3 17.5 Benefits of Pledge Agreement ................................... 18 17.6 Amendments, Waivers and Consents ............................... 18 17.7 Interpretation of Agreement .................................... 18 17.9 Survival Provisions...Collateral Pledge and Security Agreement • September 18th, 1998 • Birch Telecom Inc /Mo • Telephone communications (no radiotelephone) • New York
1 EXHIBIT 10.8 STOCK PURCHASE AGREEMENT This Stock Purchase Agreement is made as of May 21, 1998, among BIRCH TELECOM, INC., a Delaware corporation ("Buyer"), DUNN & ASSOCIATES, INC., a Kansas corporation d/b/a Boulevard Phone Co. (the "Company"), and...Stock Purchase Agreement • September 18th, 1998 • Birch Telecom Inc /Mo • Telephone communications (no radiotelephone) • Kansas
1 EXHIBIT 2.1 AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • September 18th, 1998 • Birch Telecom Inc /Mo • Telephone communications (no radiotelephone) • Missouri
RECITALSPurchasers Rights Agreement • September 18th, 1998 • Birch Telecom Inc /Mo • Telephone communications (no radiotelephone) • Missouri
RESALE AGREEMENT (MO, KS & AR) PAGE 1 OF 2 SWBT/LSP F307 RESALE AGREEMENT BETWEEN SOUTHWESTERN BELL TELEPHONE COMPANY AND VALU-LINE OF KANSAS TABLE OF CONTENTS I. DESCRIPTION AND CHARGES FOR SERVICES ........................... 1 II. TERMS AND...Binding Arbitration Agreement • September 18th, 1998 • Birch Telecom Inc /Mo • Telephone communications (no radiotelephone) • Kansas
