BY AND AMONGInvestment and Note Purchase Agreement • June 30th, 2005 • Viatel Holding Bermuda LTD • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 4, WAIVER AND CONSENTInvestment and Note Purchase Agreement • June 29th, 2007 • Viatel Holding Bermuda LTD • Telephone communications (no radiotelephone) • New York
Amendment No. 4, Waiver and Consent, dated as of December 21, 2006 (this “Amendment No. 4”), relating to the Investment and Note Purchase Agreement (the “Existing Agreement”), dated as of June 23, 2005, by and among Viatel Holding (Bermuda) Limited (the “Company”) and the purchasers named therein and the Company’s Senior Secured Increasing Rate Notes Due 2007 (the “New Notes”). Capitalized terms used in this Amendment No. 4 and not defined shall have the meanings assigned to them in the Existing Agreement.
INVESTMENT AND NOTE PURCHASE AGREEMENT BY AND AMONG VIATEL HOLDING (BERMUDA) LIMITED AND THE PURCHASERS LISTED ON SCHEDULE 1 HERETO DATED AS OF JUNE 23, 2005Investment and Note Purchase Agreement • June 29th, 2005 • Morgan Stanley • Finance services • New York
INVESTMENT AND NOTE PURCHASE AGREEMENT dated as of June 23, 2005 (the “Agreement”), by and among Viatel Holding (Bermuda) Limited, a company organized under the laws of Bermuda (the “Company”), and each of the Purchasers listed on Schedule 1 hereto (individually, a “Purchaser” and collectively, the “Purchasers”).
VIATEL HOLDING (BERMUDA) LIMITEDInvestment and Note Purchase Agreement • June 29th, 2005 • Morgan Stanley • Finance services • New York
Reference is made to that certain Investment and Note Purchase Agreement (the “Existing Agreement”), dated as of April 21, 2004, by and among Viatel Holding (Bermuda) Limited (the “Company”) and the purchasers named therein, relating to the Company’s existing 8% Convertible Senior Secured Notes Due 2014 (the “Existing Notes”). This letter agreement is referred to herein as the “Letter Agreement.” Capitalized terms used in this Letter Agreement and not defined shall have the meanings assigned to them in the Existing Agreement.
AMENDMENT NO. 7, WAIVER AND CONSENTInvestment and Note Purchase Agreement • January 31st, 2008 • Viatel Holding Bermuda LTD • Telephone communications (no radiotelephone) • New York
Amendment No. 7, Waiver and Consent, dated as of January 23, 2008 (this “Amendment No. 7”), relating to the Investment and Note Purchase Agreement (as amended by Amendments No. 1 through No. 6 thereto, the “Existing Agreement”), dated as of June 23, 2005, by and among Viatel Holding (Bermuda) Limited (the “Company”) and the purchasers named therein and the Company’s Senior Secured Increasing Rate Notes due 2008 (the “New Notes”). Capitalized terms used in this Amendment No. 7 and not defined shall have the meanings assigned to them in the Existing Agreement.
AMENDMENT NO. 3, WAIVER AND CONSENTInvestment and Note Purchase Agreement • April 17th, 2007 • Morgan Stanley • Security brokers, dealers & flotation companies • New York
Amendment No. 3, Waiver and Consent, dated as of March 14, 2006 (this “Amendment No. 3”), relating to the Investment and Note Purchase Agreement (the “Existing Agreement”), dated as of June 23, 2005, by and among Viatel Holding (Bermuda) Limited (the “Company”) and the purchasers named therein and the Company’s Senior Secured Increasing Rate Notes Due 2007 (the “New Notes”). Capitalized terms used in this Amendment No. 3 and not defined shall have the meanings assigned to them in the Existing Agreement.
EXHIBIT 17 AMENDMENT NO. 1, WAIVER AND CONSENT Amendment No. 1, Waiver and Consent, dated as of October 21, 2005 (this "WAIVER AND CONSENT"), relating to the Investment and Note Purchase Agreement (the "EXISTING AGREEMENT"), dated as of June 23, 2005,...Investment and Note Purchase Agreement • October 24th, 2005 • Morgan Stanley • Finance services • New York
BY AND AMONGInvestment and Note Purchase Agreement • April 23rd, 2004 • Morgan Stanley • Finance services • New York
AMENDMENT NO. 5, WAIVER AND CONSENTInvestment and Note Purchase Agreement • April 17th, 2007 • Morgan Stanley • Security brokers, dealers & flotation companies • New York
Amendment No. 5, Waiver and Consent, dated as of April 3, 2007 (this “Amendment No. 5”), relating to the Investment and Note Purchase Agreement (as amended by Amendments No. 1 through No. 4 thereto, the “Existing Agreement”), dated as of June 23, 2005, by and among Viatel Holding (Bermuda) Limited (the “Company”) and the purchasers named therein and the Company’s Senior Secured Increasing Rate Notes Due 2007 (the “New Notes”). Capitalized terms used in this Amendment No. 5 and not defined shall have the meanings assigned to them in the Existing Agreement.
Exhibit 4.8 AMENDMENT NO. 3, WAIVER AND CONSENT Amendment No. 3, Waiver and Consent, dated as of March _, 2006 (this "Amendment No. 3"), relating to the Investment and Note Purchase Agreement (the "Existing Agreement"), dated as of June 23, 2005, by...Investment and Note Purchase Agreement • June 30th, 2006 • Viatel Holding Bermuda LTD • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 6, WAIVER AND CONSENTInvestment and Note Purchase Agreement • December 19th, 2007 • Viatel Holding Bermuda LTD • Telephone communications (no radiotelephone) • New York
Amendment No. 6, Waiver and Consent, dated as of August [Ÿ], 2007 (this “Amendment No. 6”), relating to the Investment and Note Purchase Agreement (as amended by Amendments No. 1 through No. 5 thereto, the “Existing Agreement”), dated as of June 23, 2005, by and among Viatel Holding (Bermuda) Limited (the “Company”) and the purchasers named therein and the Company’s Senior Secured Increasing Rate Notes Due 2007 (the “New Notes”). Capitalized terms used in this Amendment No. 6 and not defined shall have the meanings assigned to them in the Existing Agreement.
AMENDMENT NO. 5, WAIVER AND CONSENTInvestment and Note Purchase Agreement • June 29th, 2007 • Viatel Holding Bermuda LTD • Telephone communications (no radiotelephone) • New York
Amendment No. 5, Waiver and Consent, dated as of April 3, 2007 (this “Amendment No. 5”), relating to the Investment and Note Purchase Agreement (as amended by Amendments No. 1 through No. 4 thereto, the “Existing Agreement”), dated as of June 23, 2005, by and among Viatel Holding (Bermuda) Limited (the “Company”) and the purchasers named therein and the Company’s Senior Secured Increasing Rate Notes Due 2007 (the “New Notes”). Capitalized terms used in this Amendment No. 5 and not defined shall have the meanings assigned to them in the Existing Agreement.
