CALL RIGHT AGREEMENT AMONG AT&T INC., WILMINGTON TRUST, NATIONAL ASSOCIATION AND THE THIRD LIEN HOLDERS LISTED ON SCHEDULE I HERETO Dated as of August 1, 2012Call Right Agreement • August 13th, 2012 • At&t Inc. • Telephone communications (no radiotelephone) • New York
This CALL RIGHT AGREEMENT (this “Agreement”) is made and entered into as of August 1, 2012, by and among undersigned holders of the Company’s 16% Third Lien Subordinated Secured Convertible Notes, due February 28, 2013 (such notes, as may be amended, restated, modified, or amended and restated from time to time, the “Third Lien Notes”, and such holders, the “Third Lien Holders”), Wilmington Trust, National Association, as the representative of the Third Lien Holders (the “Holder Representative”) and AT&T Inc., a Delaware corporation (the “Purchaser”). Each of the Third Lien Holders, the Holder Representative and the Parent shall be referred to as a “Party” and collectively as the “Parties”. Terms capitalized but not defined herein shall have the meaning assigned thereto in the Merger Agreement (as defined below).
