STOCK UNIT AGREEMENTStock Unit Agreement • September 30th, 2008 • Abovenet Inc • Communications services, nec • New York
STOCK UNIT AGREEMENT (“Agreement”) effective as of September 8, 2008 (“Grant Date”), by and between AboveNet, Inc. (the “Company”) and Michael Embler (the “Participant”).
STOCK UNIT AGREEMENTStock Unit Agreement • September 30th, 2008 • Abovenet Inc • Communications services, nec • New York
STOCK UNIT AGREEMENT (“Agreement”) effective as of September 8, 2008 (“Grant Date”), by and between AboveNet, Inc. (the “Company”) and Robert Sokota (the “Participant”).
STOCK OPTION AGREEMENTStock Option Agreement • September 30th, 2008 • Abovenet Inc • Communications services, nec • New York
STOCK OPTION AGREEMENT (“Agreement”) effective as of September 8, 2008 (“Grant Date”), by and between AboveNet, Inc. (the “Company”) and Stu Subotnick (the “Optionee”).
WAIVER AND AMENDMENT NO. 1 TO CREDIT AND GUARANTY AGREEMENTCredit and Guaranty Agreement • September 30th, 2008 • Abovenet Inc • Communications services, nec • New York
WAIVER AND AMENDMENT NO. 1 TO CREDIT AND GUARANTY AGREEMENT (the “Amendment”) dated as of September 22, 2008, is among AboveNet, Inc., a Delaware corporation, AboveNet Communications, Inc., a Delaware corporation, 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, (hereinafter the “Borrowers”), the Lenders from time to time parties thereto, Societe Generale, as administrative agent (the “Administrative Agent”), and CIT Lending Services Corporation, as documentation agent (the “Documentation Agent”) (the Administrative Agent and the Documentation Agent together, the “Agents”).
JOINDER AGREEMENTJoinder Agreement • September 30th, 2008 • Abovenet Inc • Communications services, nec • New York
This Joinder Agreement (the “Agreement”) is dated as of the Effective Date set forth below and is entered into by and between SUNTRUST BANK (the “New Lender”) and SOCIETE GENERALE, in its capacity as Administrative Agent (the “Administrative Agent”) for the Lenders (as hereinafter defined) under the Credit Agreement (as hereinafter defined). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement, receipt of a copy of which is hereby acknowledged by the New Lender. The Standard Terms and Conditions (“Standard Terms and Conditions”) set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Agreement as if set forth herein in full.
AMENDMENT NO. 1 TO THE STANDSTILL AGREEMENTStandstill Agreement • September 30th, 2008 • Abovenet Inc • Communications services, nec
This Amendment No. 1 ("Amendment No. 1") to the Standstill Agreement dated as of August, 2003 (the "Agreement") is dated as April 25, 2008 and is by and among AboveNet, Inc. (formerly known as Metromedia Fiber Network, Inc.) (the "Company"), John W. Kluge ("Kluge"), that certain Fourteenth Restatement of Trust Agreement, dated May 30, 1984, between John W. Kluge, as Grantor, and John W. Kluge and Manufacturers Hanover Trust Company (now JPMorgan Chase Bank. N.A. of New York), as original trustees (the current trustees being John W. Kluge and Stuart Subotnick, dated April 4, 2008 (the "Kluge Trust"), Stuart Subotnick (Kluge, the Kluge Trust and Stuart Subotnick are hereinafter collectively referred to as the "Kluge Parties" and each is a "Kluge Party") and JWK Enterprises LLC, a Delaware limited liability company ("JWK Enterprises"). The Company, the Kluge Parties and JWK Enterprises are hereinafter collectively referred to as the Parties.
STOCK UNIT AGREEMENTStock Unit Agreement • September 30th, 2008 • Abovenet Inc • Communications services, nec • New York
STOCK UNIT AGREEMENT (“Agreement”) effective as of September 8, 2008 (“Grant Date”), by and between AboveNet, Inc. (the “Company”) and William LaPerch (the “Participant”).
