0001104659-08-015370 Sample Contracts

CREDIT AND GUARANTY AGREEMENT Dated as of February 29, 2008 by and among ABOVENET, INC. ABOVENET COMMUNICATIONS, INC. ABOVENET OF UTAH, LLC ABOVENET OF VA, LLC ABOVENET INTERNATIONAL, INC. as Borrowers, and the Guarantors party hereto, as Guarantors,...
Credit and Guaranty Agreement • March 5th, 2008 • Abovenet Inc • Communications services, nec • New York

This CREDIT AND GUARANTY AGREEMENT is entered into as of February 29, 2008, among ABOVENET, INC., a Delaware corporation (“Holdings”), ABOVENET COMMUNICATIONS, INC., a Delaware corporation (“ACI”), ABOVENET OF UTAH, LLC, a Delaware limited liability company, ABOVENET OF VA, LLC, a Virginia limited liability company and ABOVENET INTERNATIONAL, INC., a Delaware corporation and such other Persons joined hereto as a Borrower from time to time (each a “Borrower” and together, the “Borrowers”), the Guarantors (as hereinafter defined) from time to time party hereto, the Lenders (as hereinafter defined) from time to time party hereto, SOCIETE GENERALE, as Administrative Agent, and CIT LENDING SERVICES CORPORATION, as Documentation Agent. The Borrowers have requested that the Lenders provide $60,000,000 in credit facilities for the purposes set forth herein and the Lenders are willing to do so on the terms and conditions set forth herein.

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SECURITY AND PLEDGE AGREEMENT
Security and Pledge Agreement • March 5th, 2008 • Abovenet Inc • Communications services, nec

THIS SECURITY AND PLEDGE AGREEMENT (this “Agreement”) is entered into as of February 29, 2008 among the parties identified as “Grantors” on the signature pages hereto and such other parties as may become Grantors after the date hereof (individually a “Grantor”, and collectively the “Grantors”), and Societe Generale, in its capacity as administrative agent (in such capacity, the “Administrative Agent”) for the holders of the Obligations (defined below).

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