AMENDED AND RESTATED CREDIT AGREEMENT dated as of September 12, 2007 (amending and restating the Credit Agreement dated as of June 8, 2007), among NAVISITE, INC., as Borrower, and THE SUBSIDIARY GUARANTORS PARTY HERETO, as Guarantors, THE LENDERS...Credit Agreement • September 18th, 2007 • Navisite Inc • Services-business services, nec • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of September 12, 2007, among NAVISITE, INC., a Delaware corporation (“Borrower”), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, CIBC WORLD MARKETS CORP., as sole lead arranger (in such capacity, “Sole Lead Arranger”), as documentation agent (in such capacity, “Documentation Agent”) and as bookrunner (in such capacity, “Bookrunner”), CIT LENDING SERVICES CORPORATION, as syndication agent (in such capacity, “Syndication Agent”), and CANADIAN IMPERIAL BANK OF COMMERCE, acting through its New York agency, as issuing bank (in such capacity, “Issuing Bank”) and as administrative agent (in such capacity, “Administrative Agent”) for the Lenders and as collateral agent (in such capacity, “Collateral Agent”) for the Secured Parties and the Issuing Bank.
AGREEMENT AND PLAN OF MERGERMerger Agreement • September 18th, 2007 • Navisite Inc • Services-business services, nec • Delaware
TERM NOTETerm Note • September 18th, 2007 • Navisite Inc • Services-business services, nec
This Note is one of the Notes referred to in the Credit Agreement dated as of June 8, 2007 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Borrower, the Subsidiary Guarantors, the Lenders, CIBC WORLD MARKETS CORP, as sole lead arranger, documentation agent and bookrunner, CIT LENDING SERVICES CORPORATION, as syndication agent and CANADIAN IMPERIAL BANK OF COMMERCE, acting through its New York agency, as administrative agent for the Lenders, collateral agent for the Secured Parties and Issuing Bank and is subject to the provisions thereof and is subject to optional and mandatory prepayment in whole or in part as provided therein. Terms used herein which are defined in the Credit Agreement shall have such defined meanings unless otherwise defined herein or unless the context otherwise requires.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 18th, 2007 • Navisite Inc • Services-business services, nec • Delaware
This REGISTRATION RIGHTS AGREEMENT, dated as of September 12, 2007 (the “Agreement”), is entered into by and between NavSite, Inc., a Delaware corporation (including any successor thereto, whether by merger, consolidation, conversion or otherwise, the “Company”) and GTCR Fund VI, L.P. (the “Representative”) as representative of the Purchasers (as defined below).
