HELIO, INC. NOTE PURCHASE AND SECURITY AGREEMENT AND GUARANTY July 23, 2007Note Purchase and Security Agreement and Guaranty • July 25th, 2007 • Earthlink Inc • Services-computer programming, data processing, etc. • Georgia
THIS NOTE PURCHASE AND SECURITY AGREEMENT AND GUARANTY (“Agreement”) is made as of July 23, 2007, by and among HELIO, Inc., a Delaware corporation (the “Company”), HELIO LLC, a Delaware limited liability company (the “Guarantor,” and together with the Company, collectively, the “Note Parties”, and individually, a “Note Party”) and EarthLink, Inc. a Delaware corporation (“EarthLink”), and SK Telecom USA Holdings, Inc., a Delaware corporation (“SKT USA,” and together with EarthLink, collectively, the “Lenders”, and individually, a “Lender”). Capitalized terms not otherwise defined in this Agreement shall have the meaning ascribed to them in Section 1 below.
