REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 11th, 2008 • Mdu Communications International Inc • Communications services, nec • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of the date of the signature of the Company set forth on the signature pages hereto, by and among MDU COMMUNICATIONS INTERNATIONAL, INC., a Delaware corporation, with its principal offices at 60-D Commerce Way, Totowa, New Jersey 07512 (including its wholly-owned subsidiary, MDU Communications (USA) Inc., as more fully described below, the “Company”), and each person identified as a Holder on the signature pages hereto (collectively, the “Holders”). All terms used herein but not defined herein shall have the meaning given to them in the Purchase Agreement (as defined below).
WARRANT TO PURCHASE COMMON STOCK of MDU COMMUNICATIONS INTERNATIONAL, INC.Warrant • July 11th, 2008 • Mdu Communications International Inc • Communications services, nec • New York
This Warrant is one of one or more Warrants of the same form and having the same terms as this Warrant entitling the holders initially to purchase up to an aggregate of 375,000 shares of Common Stock. In order to induce the Holder and the other Lenders to enter into that certain Amended and Restated Loan and Security Agreement dated as of June 30, 2008 by and among MDU Communications (USA) Inc. and the Lenders (including all annexes, exhibits and schedules thereto and as from time to time amended, restated, supplemented or otherwise modified the “Loan Agreement”). The Holder is entitled to certain benefits as set forth therein.
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of September 11, 2006 (as amended and restated as of June 30, 2008) Between MDU COMMUNICATIONS (USA) INC. (Borrower) and FCC, LLC, d/b/a First Capital (as Agent and as Lender) and FULL CIRCLE...Loan and Security Agreement • July 11th, 2008 • Mdu Communications International Inc • Communications services, nec • New York
This AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of the 11th day of September, 2006 (as amended and restated as of June 30, 2008) between MDU Communications (USA) Inc., a Washington corporation (“Borrower”), and Full Circle Funding, L.P., a Delaware limited partnership (“Full Circle”) and FCC, LLC, d/b/a FIRST CAPITAL, a Florida limited liability company (“First Capital”) in its capacity as a Lender and as Agent, (each of Full Circle and First Capital a “Lender” and collectively “Lenders”).
