NOTE EXCHANGE AND MODIFICATION AGREEMENTNote Exchange and Modification Agreement • October 7th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • Massachusetts
This NOTE EXCHANGE AND MODIFICATION AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of September 21, 2010 by and among RNK HOLDING COMPANY, a Massachusetts business trust (“RNK Holding”), HANOVER LEASING, LLC, a Delaware limited liability company (“Hanover”), MR. DOUG DENNY-BROWN, an individual (“Denny-Brown”), MR. NEAL HART, an individual (“Hart”), MR. GLENN POKRAKA, an individual (“Pokraka”), MR. JOHN SKINNER, an individual (“Skinner”), and MR. FRED WEMYSS, an individual (together with RNK Holding, Hanover, Denny-Brown, Hart, Pokraka and Skinner, each a “Subordinated Creditor” and collectively the “Subordinated Creditors”), WAVE2WAVE COMMUNICATIONS, INC., a Delaware corporation (together with its successors and assigns, including any receiver, trustee or debtor-in-possession, the “Borrower”) and each of the other Obligors (as defined below).
NOTE EXCHANGE AND MODIFICATION AGREEMENTNote Exchange and Modification Agreement • October 7th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • New Jersey
This NOTE EXCHANGE AND MODIFICATION AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of September 21, 2010 by and among THE WILMINGTON TRUST COMPANY AND GEORGE JEFF MENNEN AS CO-TRUSTEES U/A/D NOVEMBER 25, 1970, AS AMENDED FOR THE BENEFIT OF JOHN HENRY MENNEN, successor in interest to Greystone Funding Corporation solely in its capacity as Lender under the Subordinated Debt Documents (as defined below) (together with their respective successors and assigns, the “Subordinated Creditor”), WAVE2WAVE COMMUNICATIONS, INC., a Delaware corporation (together with its successors and assigns, including any receiver, trustee or debtor-in-possession, the “Borrower”), and each of the other Obligors (as defined below).
