RESTRICTED STOCK AGREEMENT FIBERNET TELECOM GROUP, INC.Restricted Stock Agreement • March 30th, 2005 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • Delaware
This Agreement (the “Agreement”) is made as of (the “Grant Date”), between FiberNet Telecom Group, Inc. (the “Company”), a Delaware corporation, and the individual set forth on the signature page hereto (the “Participant”).
INCENTIVE STOCK OPTION AGREEMENT FIBERNET TELECOM GROUP, INC.Incentive Stock Option Agreement • March 30th, 2005 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • Delaware
This Incentive Stock Option Agreement (the “Agreement”) is entered into as of (the “Grant Date”) by and between FiberNet Telecom Group, Inc., a Delaware corporation (the “Company”), and the individual set forth on the signature page hereto (the “Optionee”).
AMENDMENT OF LEASELease Agreement • March 30th, 2005 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone)
AGREEMENT dated as of the 29th day of October, 2004 (but expressly deemed effective as of September 1, 2004) between WESTPORT COMMUNICATIONS, LLC, a Delaware limited liability company, having an office at 277 Park Avenue, New York, New York 10172 (“Landlord”), and FIBERNET EQUAL ACCESS, LLC, a New York limited liability company, having an address at 570 Lexington Avenue, Third Floor, New York, New York 10022 (“Tenant”).
SECOND AMENDMENT TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 30th, 2005 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone)
THIS SECOND AMENDMENT, dated as of December 29, 2004 (the “Amendment”), to the Securities Purchase Agreement by and among FiberNet Telecom Group, Inc., a corporation organized under the laws of the State of Delaware (the “Company”), and each of the purchasers (individually, a “Purchaser” and collectively the “Purchasers”) set forth on the execution pages thereof, dated as of December 10, 2004 (as amended by the First Amendment to the Securities Purchase Agreement, dated as of December 15, 2004, the “Agreement”), is made by and among the Company and the Purchaser. Capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement.
CONSULTING AGREEMENTConsulting Agreement • March 30th, 2005 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
This Consulting Agreement (“Agreement”) is made and entered into as of February 1, 2005 (the “Effective Date”) by and between FiberNet Telecom Group, Inc., a Delaware corporation, having its principal place of business at 570 Lexington Avenue, 3rd Floor, New York, New York 10022 (“FiberNet”), and ML Capital Services, LLC, a New York limited liability company (“Consultant”).
ContractCredit Agreement • March 30th, 2005 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
AGREEMENT AND AMENDMENT, dated as of December 8, 2004 (this “Thirteenth 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”), FIBERNET TELECOM GROUP, INC. (the “Parent”) and the financial institutions party to the Credit Agreement (as defined below) as lenders (collectively, the “Lenders”), to (i) 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, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), TD SECURITIES (USA) INC., as syndication agent for the Lenders, and WACHOVIA INVESTORS, INC., as documentation agent for the Lenders and (ii) the AMENDED AND RESTATED PARENT GUARANTY AGREEMENT, dated as of February 9, 2001 (the “Parent Guaranty”) by FIBERNET TELECOM GROUP, INC. in favor of the Administrative
FIRST AMENDMENT TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 30th, 2005 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone)
THIS FIRST AMENDMENT, dated as of December 15, 2004 (the “Amendment”), to the Securities Purchase Agreement by and among FiberNet Telecom Group, Inc., a corporation organized under the laws of the State of Delaware (the “Company”), and each of the purchasers (individually, a “Purchaser” and collectively the “Purchasers”) set forth on the execution pages thereof, dated as of December 10, 2004 (the “Agreement”), is made by and among the Company and the Purchaser. Capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 30th, 2005 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • Delaware
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of December 10, 2004, is made by and among FiberNet Telecom Group, Inc., a corporation organized under the laws of the State of Delaware (the “Company”), and each of the purchasers (individually, a “Purchaser” and collectively the “Purchasers”) set forth on the execution pages hereof (each, an “Execution Page” and collectively the “Execution Pages”).
ContractAmended and Restated Credit Agreement • March 30th, 2005 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
This AMENDMENT, dated as of March 22, 2005 (this “Fourteenth Amendment”), is among FIBERNET TELECOM GROUP, INC., a Delaware corporation (the “Parent”), FIBERNET OPERATIONS, INC., a Delaware corporation (“FiberNet”), DEVNET L.L.C., a Delaware limited liability company (together with FiberNet, the “Borrowers”), the financial institutions party to the Credit Agreement (as defined below) as lenders (collectively, the “Lenders”), and DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), and relates to (1) the Amended and Restated Credit Agreement, dated as of February 9, 2001 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrowers, the Lenders, the Administrative Agent, TD Securities (USA) Inc., as syndication agent for the Lenders, and Wachovia Investors, Inc., as documentation agent for the Lenders, and (2) the Amended and Restated Parent Guaran
NONQUALIFIED STOCK OPTION AGREEMENT FIBERNET TELECOM GROUP, INC.Nonqualified Stock Option Agreement • March 30th, 2005 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • Delaware
This Stock Option Agreement (the “Agreement”) is entered into as of (the “Grant Date”) by and between FiberNet Telecom Group, Inc., a Delaware corporation (the “Company”), and the individual set forth on the signature page hereto (the “Optionee”).
ContractWarrant Agreement • March 30th, 2005 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • Delaware
WARRANT AGREEMENT, dated as of the 29th day of October, 2004 (but expressly deemed effective as of September 1, 2004), between FiberNet Telecom Group Inc., a Delaware corporation (the “Company”), and Westport Communications LLC (“Westport”).
STOCK PURCHASE AGREEMENT By and Between CONSOLIDATED EDISON, INC. and FIBERNET TELECOM GROUP, INC. Dated as of December 10, 2004Stock Purchase Agreement • March 30th, 2005 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
STOCK PURCHASE AGREEMENT, dated as of December 10, 2004, by and between CONSOLIDATED EDISON, INC., a New York corporation (“Seller”), and FIBERNET TELECOM GROUP, INC., a Delaware corporation (“Buyer”).
