0001193125-09-121059 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among ZAYO GROUP, LLC ZAYO MERGER SUB, INC. and FIBERNET TELECOM GROUP, INC. Dated as of May 28, 2009

Agreement and Plan of Merger • May 29th, 2009 • Fibernet Telecom Group Inc\ • Telephone communications (no radiotelephone) • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  May 29th, 2009
• Company
  Fibernet Telecom Group Inc\
• Industry
  Telephone communications (no radiotelephone)
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER (hereinafter referred to as this “Agreement”) is entered into as of May 28, 2009, by and among Zayo Group, LLC (“Parent”), a Delaware limited liability company, Zayo Merger Sub, Inc. (“Purchaser”), a Delaware corporation and direct wholly-owned subsidiary of Parent, and FiberNet Telecom Group, Inc., a Delaware corporation (the “Company”).