Cogent Communications Group, Inc.Cogent Communications Group Inc • June 12th, 2007 • Services-prepackaged software • New York
Cogent Communications Group, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the Initial Purchasers (as defined herein) upon the terms set forth in the Purchase Agreement (as defined herein) its 1.00% Convertible Senior Notes due 2027 (the “Securities”). As an inducement to the Initial Purchasers to enter into the Purchase Agreement and in satisfaction of a condition to the obligations of the Initial Purchasers thereunder, the Company (and, for the purposes of Section 5 only, Cogent Communications, Inc., a Delaware corporation (the “Principal Subsidiary”) agrees with the Initial Purchasers for the benefit of Holders (as defined herein) from time to time of the Registrable Securities (as defined herein) as follows:
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE 1.00% Convertible Senior Notes due 2027 INDENTURE Dated as of June 11, 2007Cogent Communications Group Inc • June 12th, 2007 • Services-prepackaged software • New York
INDENTURE dated as of June 11, 2007, between Cogent Communications Group, Inc., a Delaware corporation (the “Company”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee (the “Trustee”).
