AMENDED AND RESTATED STOCK SUBSCRIPTION WARRANT To Purchase Common Stock of Cbeyond Communications, Inc.Stock Subscription Warrant • October 27th, 2005 • Cbeyond Communications Inc • Telephone communications (no radiotelephone) • Delaware
THIS CERTIFIES THAT for value received, CISCO SYSTEMS CAPITAL CORPORATION, a Nevada corporation, or its registered assigns (hereinafter called “Holder”) shall be entitled to receive from CBEYOND COMMUNICATIONS, INC., a Delaware corporation (“Company”), upon the exercise of this Warrant (which exercise shall happen automatically upon the occurrence of a Sale Trigger Event and upon the election of Holder in accordance with the terms hereof during the Post-Exercise Event Term, so long as such exercise occurs on or before March 31, 2010 (the “Expiration Date”)), a number of shares of common stock, $0.01 par value, of Company (the “Common Stock”) equal to the product of (x) 2,768,744, multiplied by (y) the Additional Equity Percentage, at the Warrant Price, payable as provided herein. The exercise of this Warrant shall be subject to the provisions, limitations and restrictions herein contained. After the earlier to occur of (x) a Qualified IPO and (y) a Tranche 3 Loan Drawdown, this Warrant
