0001071598-04-000010 Sample Contracts

TERM LOAN AND SECURITY AGREEMENT
Term Loan and Security Agreement • August 10th, 2004 • Pac-West Telecomm Inc • Telephone communications (no radiotelephone) • Illinois

Term Loan and Security Agreement dated as of 2nd day of July, 2004, between Pac-West Telecomm, Inc., a corporation organized and existing under the laws of the State of Califorinai having its principal office at 1776 W. March Lane, Stockton, CA 95207 ("Customer"), and Merrill Lynch Capital, a division of Merrill Lynch Business Financial Services Inc., a corporation organized and existing under the laws of the State of Delaware having its principal office at 222 North LaSalle Street, Chicago, IL 60601 ("MLC").

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AMENDMENT TO COLLATERAL INSTALLMENT NOTE
Collateral Installment Note • August 10th, 2004 • Pac-West Telecomm Inc • Telephone communications (no radiotelephone)

THIS AMENDMENT TO COLLATERAL INSTALLMENT NOTE dated as of the 21st day of May, 2004, by and between MERRILL LYNCH CAPITAL, A DIVISION OF MERRILL LYNCH BUSINESS FINANCIAL SERVICES INC. ("MLC") and PAC-WEST TELECOMM, INC. ("DebtorCustomer").

SETTLEMENT AGREEMENT
Settlement Agreement • August 10th, 2004 • Pac-West Telecomm Inc • Telephone communications (no radiotelephone) • California

This Settlement Agreement (hereinafter "Settlement Agreement") is made and entered into this 28th day of July 2004 ("Effective Date") by and between Pac-West Telecomm, Inc. ("Pac-West"), a California corporation, and SBC Telecommunications, Inc. on behalf of and as agent for Pacific Bell Telephone Company d/b/a SBC California ("SBC California"). Pac-West and SBC California are referred to individually herein as a "Party" and collectively herein as the "Parties." Capitalized terms not defined herein shall have the meaning ascribed to them in the applicable Interconnection Agreement.

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