ContractVirgin Mobile USA, Inc. • July 3rd, 2008 • Radiotelephone communications • New York
SECOND AMENDMENT AND CONSENT, dated as of June 27, 2008 (this “Amendment”), to the Subordinated Credit Agreement, dated as of July 19, 2006 (as amended by the First Amendment and Consent, dated as of September 21, 2007 (the “First Amendment”), and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Virgin Mobile USA, L.P. (formerly known as Virgin Mobile USA, LLC), a Delaware limited partnership (the “Borrower”), and Virgin Entertainment Holdings, Inc., a Delaware corporation (the “Existing Lender”).
TRANSACTION AGREEMENT by and among VIRGIN MOBILE USA, INC. VIRGIN MOBILE USA, L.P. HELIO, INC. HELIO LLC SK TELECOM USA HOLDINGS, INC. EARTHLINK, INC. and CORVINA HOLDINGS LIMITED Dated as of June 27, 2008Transaction Agreement • July 3rd, 2008 • Virgin Mobile USA, Inc. • Radiotelephone communications • Delaware
TRANSACTION AGREEMENT, dated as of June 27, 2008 (this “Agreement”), by and among Virgin Mobile USA, Inc., a Delaware corporation (“Parent”), Virgin Mobile USA, L.P., a Delaware limited partnership and wholly-owned subsidiary of Parent (“Virgin Opco”), Helio, Inc., a Delaware corporation (“Helio”), Helio LLC, a Delaware limited liability company (the “Company”), SK Telecom USA Holdings, Inc., a Delaware corporation (“SKT”), EarthLink, Inc., a Delaware corporation (“EarthLink”, and together with Helio and SKT, the “Sellers”), and Corvina Holdings Limited, a British Virgin Islands company (“Virgin Group”).
ContractVirgin Mobile USA, Inc. • July 3rd, 2008 • Radiotelephone communications • New York
SECOND AMENDMENT AND CONSENT, dated as of June 27, 2008 (this “Amendment”), to (i) the Amended and Restated Credit Agreement, dated as of July 19, 2006 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Virgin Mobile USA, L.P., a Delaware limited partnership (the “Borrower”), the Lenders thereto, JPMorgan Chase Bank, N.A. as administrative agent (in such capacity, the “Administrative Agent”), the other agents named therein and the several banks and other financial institutions or entities from time to time parties thereto, and (ii) the other Loan Documents (as defined in the Credit Agreement).
