ContractSuperpriority Secured Debtor-in-Possession Credit and Guaranty Agreement • July 30th, 2019 • Fusion Connect, Inc. • Services-prepackaged software • New York
This AMENDMENT No. 6 (this “Amendment”), dated as of July 26, 2019, is entered into by and among Fusion Connect, Inc., a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “Borrower”), certain subsidiaries of the Borrower party hereto, each a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code, as Guarantor Subsidiaries and the Lenders party hereto, which collectively constitute the Requisite Lenders, and acknowledged by the Administrative Agent (each, a “Party” and collectively, the “Parties”).
FIFTH AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENTRestructuring Support Agreement • July 30th, 2019 • Fusion Connect, Inc. • Services-prepackaged software • New York
This FIFTH AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT, dated as of July 26, 2019 (this “Amendment”), is made and entered into by and among: (i) Fusion Connect, Inc. (“Fusion”) and its direct and indirect U.S. subsidiaries (each, a “Company Party” and collectively, including Fusion, the “Company Parties”); and (ii) the undersigned holders of claims (and together with their respective successors and permitted assigns, the “Consenting First Lien Lenders”) under that certain First Lien Credit and Guaranty Agreement, dated as of May 4, 2018 (the “Credit Agreement”), and amends that certain Restructuring Support Agreement, dated as of June 3, 2019, by and among the Company Parties and the Consenting First Lien Lenders (as amended, restated, supplemented or otherwise modified from time to time, the “Restructuring Support Agreement”). Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the Restructuring Support Agreement.
