0001193125-07-072224 Sample Contracts

CREDIT AGREEMENT among FIBERNET OPERATIONS, INC. and DEVNET L.L.C., as Co- Borrowers, FIBERNET TELECOM GROUP, INC., FIBERNET TELECOM, INC. AVAILIUS, LLC LOCAL FIBER, LLC and FIBERNET EQUAL ACCESS, L.L.C., as Guarantors CAPITALSOURCE FINANCE LLC, as...
Credit Agreement • April 2nd, 2007 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York

This CREDIT AGREEMENT (this “Agreement”), dated as of March 21, 2007, is entered into by and among FIBERNET OPERATIONS, INC., a Delaware corporation (“FiberNet”), as a Borrower and a Credit Party; DEVNET L.L.C., a Delaware limited liability company (“Devnet”), as a Borrower and a Credit Party; FIBERNET TELECOM GROUP, INC., a Delaware corporation (“Holdings”), as a Guarantor and a Credit Party; FIBERNET TELECOM, INC., a Delaware corporation (“FiberNet Telecom”), as a Guarantor and a Credit Party; AVAILIUS, LLC, a New York limited liability company (“Availius”), as a Guarantor and a Credit Party; LOCAL FIBER, LLC, a New York limited liability company (“Local Fiber”), as a Guarantor and a Credit Party; FIBERNET EQUAL ACCESS, L.L.C., a New York limited liability company (“FiberNet Equal Access”), as a Guarantor and a Credit Party; CAPITALSOURCE FINANCE LLC, a Delaware limited liability company (in its individual capacity, “CapitalSource”), as administrative agent for the Lenders (CapitalSo

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AMENDMENT OF LEASE
Lease Amendment • April 2nd, 2007 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone)

This agreement (“Agreement”), made as of this 2nd day of March, 2007, between 60 HUDSON OWNER LLC (successor to Westport Communications LLC and Hudson Telegraph Associates, L.P., formerly known as Hudson Telegraph Associates), a Delaware limited liability company, having an address c/o Williams Real Estate Co. Inc., 380 Madison Avenue, New York, New York 10017-2513 (“Landlord”) and FIBERNET EQUAL ACCESS, LLC, a New York limited liability company, having an address at 570 Lexington Avenue, New York, New York 10022 (“Tenant”).

AMENDMENT OF LEASE
Lease Amendment • April 2nd, 2007 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone)

This agreement (“Agreement”), made as of this 11th day of January, 2007 (but expressly deemed effective as of the 1st day of May, 2006), between 60 HUDSON OWNER LLC (successor to Westport Communications LLC and Hudson Telegraph Associates, L.P., formerly known as Hudson Telegraph Associates), a Delaware limited liability company, having an address c/o Williams Real Estate Co. Inc., 380 Madison Avenue, New York, New York 10017-2513 (“Landlord”) and FIBERNET EQUAL ACCESS, LLC, a New York limited liability company, having an address at 570 Lexington Avenue, New York, New York 10022 (“Tenant”).

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