0001104659-06-075523 Sample Contracts

EARTHLINK, INC. $225,000,000 Principal Amount
Earthlink Inc • November 15th, 2006 • Services-computer programming, data processing, etc. • New York

The Notes are to be issued pursuant to an indenture (the “Indenture”) to be dated as of November 17, 2006, between the Company and Wells Fargo Bank, N.A., as trustee (the “Trustee”). The Notes will be convertible in accordance with their terms and the terms of the Indenture into cash and, if applicable, shares of the common stock (the “Common Stock”) of the Company, $0.01 par value per share (the “Shares”).

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