COLLATERAL AGREEMENT (Interim Notes) dated as of December 7, 2009 Among FIBERTOWER CORPORATION, the Subsidiaries of FIBERTOWER CORPORATION from time to time party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral AgentCollateral Agreement • March 12th, 2010 • FiberTower CORP • Radiotelephone communications • New York
COLLATERAL AGREEMENT dated as of December 7, 2009 (this “Agreement”), among FIBERTOWER CORPORATION, a Delaware limited liability company (the “Borrower”), the subsidiaries of the Borrower from time to time party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (in such capacity, the “Collateral Agent”).
THIS SUPPLEMENTAL INDENTURE, AND THE RIGHTS OF THE PARTIES HEREUNDER, ARE SUBJECT TO THE PROVISIONS OF THE OMNIBUS INTERCREDITOR AGREEMENT, DATED AS OF DECEMBER 7, 2009, BETWEEN THE TRUSTEE AND THE OTHER CREDITORS PARTY THERETO FROM TIME TO TIME, AND...Supplemental Indenture • March 12th, 2010 • FiberTower CORP • Radiotelephone communications • New York
OMNIBUS INTERCREDITOR AGREEMENTOmnibus Intercreditor Agreement • March 12th, 2010 • FiberTower CORP • Radiotelephone communications • New York
This OMNIBUS INTERCREDITOR AGREEMENT, dated as of December 7, 2009 (as may be amended, modified, supplemented, or restated from time to time, this “Omnibus Agreement”), is entered into by and among (a) WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as trustee pursuant to the Existing Notes Indenture (as hereinafter defined) for the Existing Notes Noteholders (as hereinafter defined) (in such capacity, together with its successors and assigns in such capacity, the “Existing Notes Trustee”); (b) WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as collateral agent pursuant to the Existing Notes Collateral Agreements (as hereinafter defined) for the benefit of the Existing Notes Trustee and the Existing Notes Noteholders (in such capacity, together with its successors and assigns in such capacity, the “Existing Notes Collateral Agent”); (c) WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association,
AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • March 12th, 2010 • FiberTower CORP • Radiotelephone communications • New York
This AMENDED AND RESTATED INTERCREDITOR AGREEMENT, dated as of December 7, 2009, is entered into by and among (a) WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as trustee pursuant to the Existing Notes Indenture (as hereinafter defined) for the Existing Notes Noteholders (as hereinafter defined) (in such capacity, together with its successors and assigns in such capacity, the “Existing Notes Trustee”); (b) WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as collateral agent pursuant to the Existing Notes Collateral Agreements (as hereinafter defined) for the benefit of the Existing Notes Trustee and the Existing Notes Noteholders (in such capacity, together with its successors and assigns in such capacity, the “Existing Notes Collateral Agent”); (c) WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as trustee pursuant to the Interim Notes Indenture (as hereinafter defi
FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • March 12th, 2010 • FiberTower CORP • Radiotelephone communications • New York
FIRST AMENDMENT TO PLEDGE AND SECURITY AGREEMENT (this “Amendment”), dated as of December 7, 2009, among FiberTower Corporation, a Delaware corporation (the “Issuer”), FIBERTOWER NETWORK SERVICES CORP., a Delaware corporation (“FNS”), ART LEASING, INC., a Delaware corporation (“Art Leasing”), TELIGENT SERVICES ACQUISITION, INC., a Delaware corporation (“Teligent”), ART LICENSING CORP., a Delaware corporation (“Art Licensing”), and FIBERTOWER SOLUTIONS CORPORATION, a Delaware corporation (“Solutions” and, collectively with FNS, Art Leasing, Teligent, Art Licensing, the “Guarantors”, and together with the Issuer, the “Grantors”), and Wells Fargo Bank, National Association, as collateral agent under the Security Agreement (as defined below) for and on behalf of the Secured Parties (as defined in the Security Agreement) (together with its successors and assigns in such capacity, the “Collateral Agent”).
AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • March 12th, 2010 • FiberTower CORP • Radiotelephone communications • New York
This AMENDED AND RESTATED INTERCREDITOR AGREEMENT, dated as of December 22, 2009, is entered into, pursuant to and in accordance with the terms of the Omnibus Intercreditor Agreement, by and among (a) WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as trustee pursuant to the Existing Notes Indenture (as hereinafter defined) for the Existing Notes Noteholders (as hereinafter defined) (in such capacity, together with its successors and assigns in such capacity, the “Existing Notes Trustee”); (b) WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as collateral agent pursuant to the Existing Notes Collateral Agreements (as hereinafter defined) for the benefit of the Existing Notes Trustee and the Existing Notes Noteholders (in such capacity, together with its successors and assigns in such capacity, the “Existing Notes Collateral Agent”); (c) WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association,
