CONFORMED THROUGH NINTH AMENDMENT DATED AS OF JANUARY 10, 2003Credit Agreement • June 17th, 2003 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (as amended, supplemented, amended and restated or otherwise modified from time to time, this “Agreement”), is entered into as of February 9, 2001, among FIBERNET OPERATIONS, INC., a Delaware corporation (“FiberNet”), DEVNET L.L.C., a Delaware limited liability company (“Devnet” and, together with FiberNet, the “Borrowers”), THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTIES HERETO AS LENDERS (each individually referred to herein as a “Lender” and, collectively, as the “Lenders”), DEUTSCHE BANK AG NEW YORK BRANCH (“DBAG”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), TD SECURITIES (USA) INC. (“TD”) (formerly known as Toronto Dominion (USA) Securities Inc.) as syndication agent for the Lenders (in such capacity, the “Syndication Agent”), and WACHOVIA INVESTORS, INC. (formerly known as First Union Investors, Inc.), as documentation agent for the Lenders (in such capacity, the “Documentation Agent”) an
ContractAgreement and Tenth • June 17th, 2003 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AGREEMENT AND TENTH AMENDMENT, dated as of June 13, 2003 (this “Tenth Amendment”), among FIBERNET OPERATIONS, INC., a Delaware corporation (“FiberNet”), DEVNET L.L.C., a Delaware limited liability company (“Devnet” and, together with FiberNet, the “Borrowers”), and the financial institutions party to the Credit Agreement (as defined below) as lenders (collectively, the “Lenders”), to the AMENDED AND RESTATED CREDIT AGREEMENT, dated as of February 9, 2001 (the “Credit Agreement”), among the Borrowers, the Lenders, DEUTSCHE BANK AG NEW YORK BRANCH (“DBAG”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), TD SECURITIES (USA) INC. (“TD”), as syndication agent for the Lenders (in such capacity, the “Syndication Agent”), and WACHOVIA INVESTORS, INC., as documentation agent for the Lenders (in such capacity, the “Documentation Agent”).
June 13, 2003 FiberNet Telecom Group, Inc. New York, New York 10022Subordination Agreement • June 17th, 2003 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
