ABOVENET, INC. RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • February 29th, 2012 • Abovenet Inc • Communications services, nec • Delaware
AboveNet, Inc. (“Company”) hereby grants to the Participant named below a Restricted Stock Unit award (“Award”), each Restricted Stock Unit (“Restricted Stock Unit” or “RSU”) representing the right to receive one share of common stock of the Company, par value $0.01 per share (“Stock”), in accordance with and subject to the terms and restrictions of this Agreement (“Agreement”) and the AboveNet, Inc. 2011 Equity Incentive Plan (“Plan”), which is incorporated by reference and made a part of this Award. This is the first page of the Agreement, which describes in detail your rights with respect to the Restricted Stock Units granted to you hereby and which constitutes a legal agreement between you and the Company. Capitalized terms not defined in this Agreement shall have the meanings given in the Plan.
LEASE MODIFICATION AND EXTENSION AGREEMENTLease Modification and Extension Agreement • February 29th, 2012 • Abovenet Inc • Communications services, nec
This Lease Modification and Extension Agreement (“Agreement”), dated as of September 14, 2009, between 60 HUDSON OWNER LLC (successor to Hudson Telegraph Associates, L.P., formerly known as Hudson Telegraph Associates), a Delaware limited liability company, having an office c/o FirstService Williams LLC, 380 Madison Avenue, New York, New York 10017-2513 (“Landlord”), and ABOVENET COMMUNICATIONS INC. (successor to F. Garofalo Electric Co., Inc. and National Fiber Network Inc.), a Delaware corporation, having an address at 360 Hamilton Avenue, White Plains, New York 10601 (“Tenant”).
