Cbeyond Communications, Inc. Shares of Common Stock, par value $0.01 per share Form of Underwriting AgreementUnderwriting Agreement • October 3rd, 2005 • Cbeyond Communications Inc • Telephone communications (no radiotelephone) • New York
Cbeyond Communications, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule I hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), an aggregate of shares of Common Stock, par value $ 0.01 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional shares of Common Stock, par value $0.01 per share, of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares (to the extent the aforementioned option is exercised) are herein referred to as the “Public Shares”.
FORM OF [AMENDED AND RESTATED] AT-WILL EMPLOYMENT AGREEMENTAt-Will Employment Agreement • October 3rd, 2005 • Cbeyond Communications Inc • Telephone communications (no radiotelephone) • Georgia
THIS [FOR EXECUTIVES WITH EXISTING EMPLOYMENT AGREEMENTS: AMENDED AND RESTATED] AT-WILL EMPLOYMENT AGREEMENT (this “Agreement”) is made as of , 2005 (the “Effective Date”), by and between Cbeyond Communications, Inc., a Delaware corporation (the “Company”), and (“Executive”). Capitalized terms used but not otherwise defined herein have the meanings given to them in Section 3 hereof.
CBEYOND COMMUNICATIONS, INC. FORM OF SUBSCRIPTION AGREEMENTSubscription Agreement • October 3rd, 2005 • Cbeyond Communications Inc • Telephone communications (no radiotelephone) • New York
THIS SUBSCRIPTION AGREEMENT (this “Agreement”) is entered into as of , 2005 by and between Cbeyond Communications, Inc., a Delaware corporation (the “Company”), and the undersigned individual stockholder of the Company (the “Participating Stockholder”).
