EXECUTIVE EMPLOYMENT AND RETENTION AGREEMENTExecutive Employment and Retention Agreement • March 15th, 2004 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • Delaware
THIS EXECUTIVE EMPLOYMENT AND RETENTION AGREEMENT (this “Agreement”) is dated as of October 6, 2003, by and between ITC^DeltaCom, Inc., a Delaware corporation with its principal place of business at 1791 O.G. Skinner Drive, West Point, Georgia, 31833 (the “Company”), and John W. Braukman, III (the “Executive”).
SECOND AMENDED AND RESTATED SECURITY AGREEMENT Dated as of October 6, 2003 from The Grantors referred to herein as Grantors to Wells Fargo Bank Minnesota, National Association as Collateral AgentSecurity Agreement • March 15th, 2004 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
This SECOND AMENDED AND RESTATED SECURITY AGREEMENT is dated as of October 6, 2003, among Interstate FiberNet, Inc., a Delaware corporation (the “Borrower”), ITC^ DeltaCom, Inc. (the “Parent”), the other Persons listed on the signature pages hereto and the Additional Grantors (as defined in Section 23(b)) (the Borrower, the Parent, the Persons so listed and the Additional Grantors being, collectively, the “Grantors”) to Wells Fargo Bank Minnesota, National Association, as collateral agent (together with any successor collateral agent appointed pursuant to Article VIII of the Second Amended Credit Agreement (as hereinafter defined), the “Collateral Agent”) for the Secured Parties. Any capitalized term used herein and not otherwise defined has the meaning set forth in the Second Amended Credit Agreement.
October 27, 2003Itc Deltacom Inc • March 15th, 2004 • Telephone communications (no radiotelephone)
AMENDMENT NO. 2 TO IRU AGREEMENTIru Agreement • March 15th, 2004 • Itc Deltacom Inc • Telephone communications (no radiotelephone)
This AMENDMENT NO. 2 TO IRU AGREEMENT (“Amendment”), dated as of this 25th day of August, 2003, is by and between QWEST COMMUNICATIONS CORPORATION, a Delaware corporation (“Qwest”), and BUSINESS TELECOM, INC., a North Carolina corporation (“BTI”). Each of Qwest and BTI is sometimes referred to herein as a “Party,” and both of them, together, are sometimes referred to herein as the “Parties.”
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • March 15th, 2004 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
THIS INTERCREDITOR AND SUBORDINATION AGREEMENT (this “Agreement”) is entered into as of October 6, 2003, by and among the First Lien Agent, the First Lien Lenders, the Second Lien Agent, the Second Lien Lenders and the Loan Parties (each as defined below).
SECOND AMENDMENT TO THE SCHEDULES AND THE LEASESMerger Agreement • March 15th, 2004 • Itc Deltacom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT TO THE SCHEDULES AND THE LEASES (this “Amendment”), dated as of October 6, 2003, among Interstate FiberNet, Inc., as a lessee (“FiberNet”), and ITC^DeltaCom Communications, Inc., as a lessee (“Communications”; FiberNet and Communications individually a “Lessee” and collectively the “Lessees”), NTFC Capital Corporation (“NTFC”) and General Electric Capital Corporation (“GECC”; NTFC and GECC individually a “Lessor” and collectively the “Lessors”).
