AMENDED AND RESTATED 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...Credit Agreement • November 8th, 2007 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • New York
Contract Type FiledNovember 8th, 2007 Company Industry JurisdictionThis AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of November 7, 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