INTERCREDITOR, SUBORDINATION, DEFAULT WAIVER AND ASSIGNMENT AGREEMENTIntercreditor, Subordination, Default Waiver and Assignment Agreement • September 14th, 2007 • Voip Inc • Telephone & telegraph apparatus • New York
Contract Type FiledSeptember 14th, 2007 Company Industry JurisdictionTHIS INTERCREDITOR, SUBORDINATION, DEFAULT WAIVER AND ASSIGNMENT AGREEMENT, dated as of September 12, 2007 (this “Agreement”), is by and among VoIP Inc. (“Borrower”), Centurion Microcap, L.P., Alpha Capital Anstalt, Ellis International, Ltd., Bristol Investment Fund, Ltd. (“Bristol”) and Whalehaven Capital Fund, Ltd. (“Assignees”), the parties identified on Schedule A hereto (“Secured Lenders”) and Barbara R. Mittman, in her capacity as collateral agent for the benefit of the Secured Lenders (each a “Party” and collectively the “Parties”).