0001193125-03-067081 Sample Contracts

TENDER AGREEMENT

Tender Agreement • October 27th, 2003 • Digex Inc/De • Telephone communications (no radiotelephone) • New York

• Contract Type
  Tender Agreement
• Filed
  October 27th, 2003
• Company
  Digex Inc/De
• Industry
  Telephone communications (no radiotelephone)
• Jurisdiction
  New York

THIS Tender Agreement, dated as of October 24, 2003 (this “Agreement”), is entered into by and between WorldCom, Inc., a Georgia corporation (“MCI”), and JMB Capital Partners, L.P., a California limited partnership (“Stockholder”), on the other hand. Capitalized terms used herein but not otherwise defined shall have the meanings set forth in the Offer (as defined below).