0001654954-17-010490 Sample Contracts

LEASE AGREEMENT
Lease Agreement • November 13th, 2017 • Fusion Telecommunications International Inc • Services-prepackaged software

THIS LEASE AGREEMENT, dated as of June 30, 2017, between LMR USA LLC, a New York limited liability company, having an address at P.O. Box 180240, Brooklyn, New York 11218 ("Landlord"), and NETWORK BILLING SYSTEMS LLC D/B/A FUSION, a New Jersey limited liability company, as of the date of this agreement having an address at 695 US Route 46 West, Fairfield, New Jersey 07004 ("Tenant").

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SECOND AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • November 13th, 2017 • Fusion Telecommunications International Inc • Services-prepackaged software • Delaware

This SECOND AMENDMENT TO AGREEMENT AND PLAN OF MERGER, dated as of September 29, 2017 (this “Amendment”), is entered into by and among Fusion Telecommunications International, Inc., a Delaware corporation (the “Company”), Fusion BCHI Acquisition LLC, a Delaware limited liability company (“Merger Sub”), and Birch Communications Holdings, Inc., a Georgia corporation (“BCHI”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Merger Agreement.

FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • November 13th, 2017 • Fusion Telecommunications International Inc • Services-prepackaged software • Delaware

This FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER, dated as of September 15, 2017 (this “Amendment”), is entered into by and among Fusion Telecommunications International, Inc., a Delaware corporation (the “Company”), Fusion BCHI Acquisition LLC, a Delaware limited liability company (“Merger Sub”), and Birch Communications Holdings, Inc., a Georgia corporation (“BCHI”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Merger Agreement.

AMENDED AND RESTATED THIRD AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • November 13th, 2017 • Fusion Telecommunications International Inc • Services-prepackaged software • Delaware

This AMENDED AND RESTATED THIRD AMENDMENT TO AGREEMENT AND PLAN OF MERGER, dated as of October 27, 2017 (this “Restatement”), is entered into by and among Fusion Telecommunications International, Inc., a Delaware corporation (the “Company”), Fusion BCHI Acquisition LLC, a Delaware limited liability company (“Merger Sub”), and Birch Communications Holdings, Inc., a Georgia corporation (“BCHI”). This Restatement supersedes the Third Amendment to Agreement of Plan of Merger executed by the Company, Merger Sub BCHI on October 24, 2017 (the “Original Third Amendment”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Merger Agreement.

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