Service AgreementService Agreement • March 15th, 2016 • Towerstream Corp • Communications services, nec • New York
This Service Agreement (this “Agreement”), which includes the attached Service Level Agreement (“SLA”), is entered into this 1st day of March, 2016, between Towerstream I, Inc., a Delaware Corporation, and Towerstream Corporation, a Delaware Corporation (collectively, “Towerstream”) and Time Warner Cable Enterprises LLC, a Delaware Limited Liability Company (“Customer” or “TWC”) (Towerstream and Customer, collectively, the “Parties”). Towerstream will rent the Customer a port, or portion of a port, on its network (the “Towerstream Network”) which will provide the Customer with Internet bandwidth under the following terms and SLA for backhaul services (the “Services”):
AMENDMENT NO.1 TO WARRANT AND REGISTRATION RIGHTS AGREEMENTWarrant and Registration Rights Agreement • March 15th, 2016 • Towerstream Corp • Communications services, nec
This Amendment No. 1 to Warrant and Registration Rights Agreement (this “Amendment”), dated as of March 9, 2016, is entered into by and among Towerstream Corporation (“Towerstream”), and Melody Business Finance LLC (“Melody”) in its capacity as Agent. Capitalized terms that are not otherwise defined herein shall have their defined meanings under the Warrant and Registration Rights Agreement, dated as of October 16, 2014, by and among Towerstream and the Warrant Holders thereto (the “Registration Rights Agreement”)
ASSIGNMENT AND ASSUMPTION AGREEMENTAssignment and Assumption Agreement • March 15th, 2016 • Towerstream Corp • Communications services, nec • New York
THIS ASSIGNMENT AND ASSUMPTION of CONTRACTS (this “Assignment and Assumption”) is dated and effective this 9 day of March, 2016, by and among Towerstream I, Inc., a Delaware corporation (“Company”) and Towerstream Corporation, a Delaware corporation (“Parent”, and with Company, collectively “Assignors”), and Time Warner Cable Enterprises LLC, a Delaware limited liability company (“Assignee”).
CONSENT AND RELEASEConsent and Release • March 15th, 2016 • Towerstream Corp • Communications services, nec
This Consent and Release (this “Agreement”), dated as of March 9, 2016, is entered into by and among TOWERSTREAM CORPORATION, a Delaware corporation (“Parent”), TOWERSTREAM I, INC., a Delaware Corporation (“Towerstream I”), HETNETS TOWER CORPORATION, a Delaware corporation (“Hetnets”), ALPHA COMMUNICATIONS CORP., a Delaware corporation (“Alpha”), OMEGA COMMUNICATIONS CORP., a Delaware corporation (“Omega”), TOWERSTEAM HOUSTON, INC., a Texas corporation (“Houston”; collectively with Parent, Towerstream I, Hetnets, Alpha, Omega, the “Loan Parties”), and MELODY BUSINESS FINANCE, LLC, a Delaware limited liability company, as administrative agent under the Loan Agreement described below (in such capacity, the “Administrative Agent”) and on behalf of the lenders party to the Loan Agreement (the “Lenders”). Capitalized terms that are not otherwise defined herein shall have their defined meanings under the Loan Agreement, dated as of October 16, 2014, by and among the Parent, Towerstream I, He
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • March 15th, 2016 • Towerstream Corp • Communications services, nec
This Asset Purchase Agreement (“Agreement”) is effective as of March 1, 2016 (the “Effective Date”), by and among Towerstream I, Inc., a Delaware corporation (“Company”) and its parent company Towerstream Corporation, a Delaware corporation (“Parent”), on the one hand, and Time Warner Cable Enterprises LLC, a Delaware limited liability company (“Buyer”), on the other hand. Capitalized terms not otherwise defined in this Agreement shall have the meanings ascribed to them in Exhibit A. Company, Buyer and Parent hereby agree as follows:
BILL OF SALEBill of Sale • March 15th, 2016 • Towerstream Corp • Communications services, nec
In accordance with the provisions of that certain Asset Purchase Agreement, made and dated as of March 9, 2016 (the “Purchase Agreement”), by and among Time Warner Cable Enterprises LLC, a Delaware limited liability company (“Buyer”), Towerstream I, Inc., a Delaware corporation (“Company”), and Towerstream Corporation, a Delaware corporation (“Parent”), Company and Parent do hereby execute and deliver this Bill of Sale. Capitalized terms, unless otherwise defined herein, have the meanings assigned to them in the Purchase Agreement.
MUTUAL TERMINATION AGREEMENTMutual Termination Agreement • March 15th, 2016 • Towerstream Corp • Communications services, nec • New York
This MUTUAL TERMINATION AGREEMENT (this “Agreement”) is made as of March 9, 2016, by and between Time Warner Cable Enterprises LLC, a Delaware limited liability company (“TWC”) and Hetnets Tower Corporation, a Delaware corporation (“Hetnets”) (each a “Party” and collectively, the “Parties”).
