FORM OF FUSION TELECOMMUNICATIONS INTERNATIONAL, INC. COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • November 18th, 2016 • Fusion Telecommunications International Inc • Services-prepackaged software • New York
This Common Stock Purchase Agreement (this “Agreement”) is made as of November 14, 2016, by and among Fusion Telecommunications International, Inc., a Delaware corporation with its principal office at 420 Lexington Avenue, Suite 1718, New York, New York 10170 (the “Company”), and those purchasers listed on the attached Exhibit A, as such exhibit may be amended from time to time (each a “Purchaser,” and collectively, the “Purchasers”).
SUBORDINATION AGREEMENTSubordination Agreement • November 18th, 2016 • Fusion Telecommunications International Inc • Services-prepackaged software • New York
This Subordination Agreement (this “Agreement”), dated as of November 14, 2016, is entered into by and among Fusion NBS Acquisition Corp., a Delaware corporation (“Borrower”), Fusion Telecommunications International, Inc., a Delaware corporation (“Fusion”), Network Billing Systems, L.L.C., a New Jersey limited liability company (“Network”), PingTone Communications, Inc., a Delaware corporation (“PingTone”), Fusion BVX LLC, a Delaware limited liability company (“BVX”), Fidelity Telecom, LLC, an Ohio limited liability company (“FTL”), Fidelity Access Networks, Inc., an Ohio corporation (“FANI”), Fidelity Access Networks, LLC, an Ohio limited liability company (“FANL”), Fidelity Connect, LLC, an Ohio limited liability company (“FCL”), and Fidelity Voice Services, LLC, an Ohio limited liability company (“FVSL”), Apptix, Inc., a Florida corporation (“Apptix”, and, together with Borrower, Fusion, Network, PingTone, BVX, FTL, FANI, FANL, FCL and FVSL, collectively, the “Loan Parties” each ind
FIFTH AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT AND SECURITY AGREEMENT by and among FUSION NBS ACQUISITION CORP. as Borrower and FUSION TELECOMMUNICATIONS INTERNATIONAL, INC., as Parent and Guarantor and NETWORK BILLING SYSTEMS, L.L.C.,...Securities Purchase Agreement and Security Agreement • November 18th, 2016 • Fusion Telecommunications International Inc • Services-prepackaged software • New York
FIFTH AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT AND SECURITY AGREEMENT, dated as of November 14, 2016 by and among FUSION NBS ACQUISITION CORP., a Delaware corporation (“Borrower”), FUSION TELECOMMUNICATIONS INTERNATIONAL, INC., a Delaware corporation (“Parent”), NETWORK BILLING SYSTEMS, L.L.C., a New Jersey limited liability company (“NBS”), FUSION BVX LLC, a Delaware limited liability company (“BVX”), PINGTONE COMMUNICATIONS, INC., a Delaware corporation (“PingTone”), FIDELITY ACCESS NETWORKS, LLC, an Ohio limited liability company (“FANL”), Fidelity Connect LLC, an Ohio limited liability company (“FCL”), Fidelity Voice Services, LLC, an Ohio limited liability company (“FVS”), Fidelity Access Networks, Inc., an Ohio corporation (“FANI”) Fidelity Telecom, LLC, an Ohio limited liability company (“FTL”) Apptix, Inc., a Florida corporation (“Apptix”, and together with Parent, NBS, BVX, PingTone, FANL, FCL, FVS, FANI, FTL and each other direct and indirect subsidiary of Parent fr
PLEDGE AND SECURITY AGREEMENT dated as of November 14, 2016 by and among EACH OF THE GRANTORS PARTY HERETO and EAST WEST BANK, as Administrative AgentPledge and Security Agreement • November 18th, 2016 • Fusion Telecommunications International Inc • Services-prepackaged software • New York
This PLEDGE AND SECURITY AGREEMENT, dated as of November 14, 2016 (“Agreement”), is by and among EACH OF THE UNDERSIGNED, whether as an original signatory hereto or as an Additional Grantor (as defined below) (each, a “Grantor” and collectively, the “Grantors”), and EAST WEST BANK (“EWB”), as administrative agent for the Secured Parties (as defined below) (in such capacity as administrative agent, “Administrative Agent”).
CREDIT AGREEMENT dated as of November 14, 2016 by and among FUSION NBS ACQUISITION CORP., as Borrower EAST WEST BANK, as Administrative Agent, Swingline Lender, an Issuing Bank, and a Lender and THE OTHER LENDERS FROM TIME TO TIME PARTY HERETO...Credit Agreement • November 18th, 2016 • Fusion Telecommunications International Inc • Services-prepackaged software • New York
This Credit Agreement (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, this “Agreement”) is entered into as of November 14, 2016, by and among Fusion NBS Acquisition Corp., a Delaware corporation (“Borrower”), East West Bank (“EWB”), as Administrative Agent, Swingline Lender, an Issuing Bank, and a Lender and each other lender from time to time a party hereto (individually, a “Lender” and collectively, “Lenders”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 18th, 2016 • Fusion Telecommunications International Inc • Services-prepackaged software • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of November 14, 2016, by and between Fusion Telecommunications International, Inc., a Delaware corporation (the “Company”) and Apptix, ASA (the “Investor” and, together with the Company, the “Parties”).
GUARANTY dated as of November 14, 2016 from FUSION TELECOMMUNICATIONS INTERNATIONAL, INC., NETWORK BILLING SYSTEMS, L.L.C., PINGTONE COMMUNICATIONS, INC., FUSION BVX LLC, FIDELITY TELECOM, LLC, FIDELITY ACCESS NETWORKS, INC., FIDELITY ACCESS NETWORKS,...Fusion Telecommunications International Inc • November 18th, 2016 • Services-prepackaged software • New York
This GUARANTY (this “Guaranty”), dated as of November 14, 2016 is made by Fusion Telecommunications International, Inc., a Delaware corporation, Fusion BVX LLC, a Delaware limited liability company, NETWORK BILLING SYSTEMS, L.L.C., a New Jersey limited liability company, PINGTONE COMMUNICATIONS, INC., a Delaware corporation, FIDELITY TELECOM, LLC, an Ohio limited liability company, FIDELITY ACCESS NETWORKS, INC., an Ohio corporation, FIDELITY ACCESS NETWORKS, LLC, an Ohio limited liability company, FIDELITY VOICE SERVICES, LLC, an Ohio limited liability company, FIDELITY CONNECT LLC, an Ohio limited liability company, APPTIX, INC., a Florida corporation (collectively, the “Guarantors” and each individually a “Guarantor”), in favor of EAST WEST BANK (in its capacity as Administrative Agent (“Administrative Agent”) under that certain Credit Agreement, dated as of November 14, 2016 (as may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”),
