0001193125-07-239844 Sample Contracts

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

This 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

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