Agreement and Amendment No. 3 to Agreement and Plan of Merger Sample Contracts

AGREEMENT AND AMENDMENT NO. 3 TO AGREEMENT AND PLAN OF MERGER
Agreement and Amendment No. 3 to Agreement and Plan of Merger • September 10th, 2004 • Itc Deltacom Inc • Telephone communications (no radiotelephone)

Agreement and Amendment No. 3 dated as of September 8, 2004 (this “Agreement”) relating to the Agreement and Plan of Merger (as amended from time to time, the “Merger Agreement”) dated as of July 2, 2003 among BTI Telecom Corp., ITC^DeltaCom, Inc., 8DBC1 Corp. and the WCAS Securityholders named therein. Capitalized terms used herein and not otherwise defined shall have the meanings assigned to such terms in the Merger Agreement.

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