FUSION TELECOMMUNICATIONS INTERNATIONAL, INC. SUBSCRIPTION AND RIGHTS AGREEMENT [INSERT INFORMATION HERE]Subscription and Rights Agreement • October 6th, 2008 • Fusion Telecommunications International Inc • Telephone communications (no radiotelephone) • New York
THE SECURITIES OFFERED HEREBY, HAVE NOT BEEN FILED OR REGISTERED WITH OR APPROVED BY THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”), NOR HAS THE COMMISSION PASSED UPON THE ACCURACY OR ADEQUACY OF THE OFFERING MATERIALS. NO STATE SECURITIES LAW ADMINISTRATOR HAS PASSED ON OR ENDORSED THE MERITS OF THIS OFFERING OR THE ACCURACY OR THE ADEQUACY OF THE OFFERING MATERIALS. ANY REPRESENTATION TO THE CONTRARY IS UNLAWFUL. IT IS INTENDED THAT THE SECURITIES OFFERED HEREBY WILL BE MADE AVAILABLE TO ACCREDITED INVESTORS, AS DEFINED IN REGULATION D AND RULE 501 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”). THE SECURITIES OFFERED HEREBY ARE BEING OFFERED PURSUANT TO AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE ACT AND APPLICABLE STATE SECURITIES LAWS FOR NONPUBLIC OFFERINGS. SUCH EXEMPTIONS LIMIT THE NUMBER AND TYPES OF INVESTORS TO WHICH THE OFFERING WILL BE MADE AND RESTRICT SUBSEQUENT TRANSFERS OF THE INTERESTS. THE SECURITIES OFFERED HEREBY SHOULD
INSERT NUMBER HERE] AMENDED AND RESTATED PROMISSORY NOTE & SECURITY AGREEMENTSecurity Agreement • October 6th, 2008 • Fusion Telecommunications International Inc • Telephone communications (no radiotelephone) • New York
For value received, the undersigned maker (“Maker”), whose address is 420 Lexington Avenue, Suite 1718, New York, NY 10170, promises to pay to the order of [INSERT LENDER HERE], whose address is [INSERT ADDRESS HERE], the principal sum of [INSERT (AMOUNT) HERE] together with all interest accrued from [INSERT DATE HERE] at the rate of (i) [INSERT (PERCENT) HERE] per annum through [INSERT DATE HERE], and (ii) [INSERT (PERCENT) HERE] per annum thereafter until maturity, upon the unpaid balance, payable in U.S. Dollars at the Payee’s address set forth above, or at such address as Payee may designate. The maturity date of this note is [INSERT DATE HERE]. It shall constitute an event of default hereunder if the Maker shall fail to make any payment when due as set forth herein. In the event of a default hereunder, the Maker will have ten (10) days to cure after written notice is received. If an event of default shall occur, neither the failure of the holder hereof promptly to exercise i
PROMISSORY NOTE SECURITY AGREEMENTPromissory Note • October 6th, 2008 • Fusion Telecommunications International Inc • Telephone communications (no radiotelephone) • New York
This Note is secured by the Maker’s account receivable and Maker hereby grants Lender a security interest, pari passu with other lenders, in all such Accounts Receivable.
PROMISSORY NOTE SECURITY AGREEMENTPromissory Note • October 6th, 2008 • Fusion Telecommunications International Inc • Telephone communications (no radiotelephone) • New York
For value received, the undersigned maker (“Maker”), whose address is 420 Lexington Avenue, Suite 1718, New York, NY 10170, promises to pay to the order of [INSERT LENDER’S NAME], “Lender”, whose address is [INSERT LENDER’S ADDRESS], the principal sum of [INSERT AMOUNT] Dollars ($ [NUMERIC VALUE]) together with all interest accrued from the date of execution of the Note at the rate of [INSERT PERCENT] percent ([NUMERIC VALUE] %) per annum upon the unpaid balance until maturity, payable in U.S. Dollars at the Payee’s address set forth above, or at such other address as Payee may designate. The maturity date of this note is [INSERT MATURITY DATE]. In the event that the note is not repaid by the maturity date, the note will automatically convert to a demand note, and the principal sum and all accrued interest will be payable in full upon ten days notice of demand from the lender. If an event of default shall occur, neither the failure of the holder hereof promptly to exercise its ri
