NINTH AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • April 30th, 2018 • Fusion Telecommunications International Inc • Services-prepackaged software • Delaware
This NINTH AMENDMENT TO AGREEMENT AND PLAN OF MERGER, dated as of April 27, 2018 (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.
EIGHTH AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • April 30th, 2018 • Fusion Telecommunications International Inc • Services-prepackaged software • Delaware
This EIGHTH AMENDMENT TO AGREEMENT AND PLAN OF MERGER, dated as of April 26, 2018 (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.
SUBORDINATED NOTEFusion Telecommunications International Inc • April 30th, 2018 • Services-prepackaged software • New York
FOR VALUE RECEIVED, the undersigned, [BORROWER], an exempted company incorporated with limited liability under the laws of the Cayman Islands (the "Maker"), hereby promises to pay, subject to the provisions set forth on Annex A hereto (the "Subordination Provisions"), to the order of FUSION CONNECT, INC., a corporation organized under the laws of Delaware (together with any subsequent permitted holder hereof, the "Payee"), the principal sum of TWENTY FIVE MILLION AND NO/100 UNITED STATES DOLLARS (U.S. $25,000,000.00) not later than [May [__], 2024] or, if less, the unpaid principal amount hereof on such date.
