December 7, 2001Letter Agreement • December 11th, 2001 • Nortel Networks Corp • Telephone & telegraph apparatus • New York
This letter agreement (the “Agreement”) is being entered into in connection with the sale and issuance of Series J Preferred Stock, $.001 par value per share, of FiberNet Telecom Group, Inc. (the “Company”) to SDS Merchant Fund, L.P., Penny Lane Partners, L.P. and Alexander Enterprise Holdings, Inc. (collectively, the “Series J Holders”). Pursuant to the sale and issuance of the Company’s Series J Preferred Stock, Nortel Networks Inc. has agreed to, among other things, certain concessions to the Company and certain modifications to the terms of its shares of the Company’s Series H Preferred Stock, which modifications require the approval of the stockholders of the Company and an amendment to the Company’s Certificate of Incorporation (the “Amendment”).
December 7, 2001Amendment to Certificate of Incorporation • December 11th, 2001 • Nortel Networks Corp • Telephone & telegraph apparatus • New York
This letter agreement (the “Agreement”) is being entered into in connection with the sale and issuance of Series J Preferred Stock, $.001 par value per share, of FiberNet Telecom Group, Inc. (the “Company”) to SDS Merchant Fund, L.P., Penny Lane Partners, L.P. and Alexander Enterprise Holdings, Inc. (collectively, the “Series J Holders”). Pursuant to the sale and issuance of the Company’s Series J Preferred Stock, Nortel Networks Inc. (“Nortel Networks”) has agreed to, among other things, certain concessions to the Company and certain modifications to the terms of its shares of the Company’s Series H Preferred Stock, which modifications require the approval of the stockholders of the Company and an amendment to the Company’s Certificate of Incorporation (the “Amendment”). Additionally, Signal Equity Partners, L.P. (“Signal”), currently holds certain warrants of the Company.
FIBERNET TELECOM GROUP, INC. 570 Lexington Avenue New York, NY 10022 December 7, 2001Letter Agreement • December 11th, 2001 • Nortel Networks Corp • Telephone & telegraph apparatus • New York
This letter agreement (the “Agreement”) is being entered into in connection with the conversion by Nortel Networks Inc. (“Nortel Networks”) of certain of its shares of Series H Preferred Stock, $.001 par value per share (the “Series H Preferred”) of FiberNet Telecom Group, Inc. (the “Company”).
