CREDIT AGREEMENT Dated as of October 28, 2015 by and among JUS-COM, INC. as the Borrower, THE OTHER PERSONS PARTY HERETO THAT ARE DESIGNATED AS CREDIT PARTIES, LATERAL JUSCOM FEEDER LLC, as the Administrative Agent, and THE OTHER FINANCIAL...Credit Agreement • November 3rd, 2015 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • New York
REDEMPTION RIGHTS AGREEMENTRedemption Rights Agreement • November 3rd, 2015 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • Nevada
This Redemption Rights Agreement (the “Agreement”), dated October 28, 2015 (the “Effective Date”), is entered into by and between FTE NETWORKS, INC., a Nevada corporation (the “Company”), and Lateral Juscom Feeder LLC, a Delaware limited liability company (“WP”), and Lateral FTE Feeder LLC, a Delaware limited liability company (together with WP, the “Lateral Parties”).
VOTING AND COOPERATION AGREEMENTVoting and Cooperation Agreement • November 3rd, 2015 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • Delaware
WHEREAS, concurrently herewith, Lateral is providing up to $8,000,000 of senior secured term loans (“Credit Facility”) to Jus-Com Inc., a wholly-owned subsidiary of the Company (“Jus-Com”), pursuant to that certain Credit Agreement (the “Loan Agreement”) dated as of the date hereof by and among Jus-Com, the Company, Lateral and the other parties thereto;
Form of Initial Term Loan NoteTerm Loan Agreement • November 3rd, 2015 • FTE Networks, Inc. • Telephone communications (no radiotelephone)
FOR VALUE RECEIVED, the undersigned, JUS-COM, INC., an Indiana corporation (the “Borrower”), hereby promises to pay to the order of the Lender set forth above (the “Lender”) the Principal Amount set forth above, or, if less, the aggregate unpaid principal amount of the Initial Term Loan of the Lender to the Borrower, payable at such times and in such amounts as are specified in the Credit Agreement referred to below. Capitalized terms used herein without definition are used as defined in the Credit Agreement.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 3rd, 2015 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • Delaware
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of October 28, 2015 (the “Effective Date”), is entered into by and between FTE NETWORKS, INC., a Nevada corporation (the “Company”), Lateral Juscom Feeder LLC, a Delaware limited liability company (“WP”), and Lateral FTE Feeder LLC, a Delaware limited liability company (“Feeder” and together with WP and their respective permitted assigns, the “Lateral Parties”).
GUARANTY AND SECURITY AGREEMENT Dated as of October 28, 2015 among JUS-COM, INC., as Borrower, FTE NETWORKS, INC., as Holdings, and Each Other Grantor From Time to Time Party Hereto and LATERAL JUSCOM FEEDER LLC, as Administrative AgentGuaranty and Security Agreement • November 3rd, 2015 • FTE Networks, Inc. • Telephone communications (no radiotelephone) • New York
GUARANTY AND SECURITY AGREEMENT, dated as of October 28, 2015, by (1) JUS-COM, INC., an Indiana corporation (the “Borrower”), (2) FTE NETWORKS, INC., a Nevada corporation (“Holdings”), and (3) each of the other entities listed on the signature pages hereof or that becomes a party hereto pursuant to Section 8.6 (together with the Borrower and Holdings, the “Grantors” and each, a “Grantor”), in favor of LATERAL JUSCOM FEEDER LLC (“Lateral”), as administrative agent (in such capacity, together with its successors and permitted assigns, “Administrative Agent”) for the Lenders and each other Secured Party (each as defined in the Credit Agreement referred to below).
