EXHIBIT
10.68
JOINDER
AGREEMENT
This Joinder Agreement (the
“Agreement” ) is dated as of the
Effective Date set forth below and is entered into by and between
SUNTRUST BANK (the “New Lender” ) and
SOCIETE GENERALE, in its capacity as Administrative Agent (the
“Administrative Agent” ) for the
Lenders (as hereinafter defined) under the Credit Agreement (as
hereinafter defined). Capitalized terms used but not defined herein
shall have the meanings given to them in the Credit Agreement,
receipt of a copy of which is hereby acknowledged by the New
Lender. The Standard Terms and Conditions ( “Standard
Terms and Conditions” ) set forth in Annex 1
attached hereto are hereby agreed to and incorporated herein by
reference and made a part of this Agreement as if set forth herein
in full.
Pursuant to Section 2.15(c) of the Credit
Agreement, the New Lender hereby becomes a Lender, subject to and
in accordance with the Standard Terms and Conditions and the Credit
Agreement, as of the Effective Date set forth below, with respect
to the New Loan Commitment identified below.
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1.
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New
Lender:
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SunTrust
Bank
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2.
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Borrower:
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ABOVENET
COMMUNICATIONS, INC., a Delaware corporation (the “
Borrower Representative ”) and such other
persons named under, or joined to, the Credit Agreement as a
Borrower from time to time
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3.
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Administrative
Agent:
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SOCIETE
GENERALE, as Administrative Agent under the Credit
Agreement
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4.
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Credit
Agreement:
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Credit and
Guaranty Agreement, dated as of February 29, 2008 (as the same may
be amended, restated, supplemented, modified, renewed, refinanced,
extended or otherwise modified from time to time), by and among the
Borrowers, the Guarantors from time to time party thereto, the
financial institutions named therein as Lenders (the “
Lenders ” and each, a “
Lender ”) and the Administrative
Agent.
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5.
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New Loan
Commitment:
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$30,000,000, in
aggregate, to be allocated on a pro rata basis as shown in the
following tables.
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A.
Revolving Commitments
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Lender
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Amount
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Percentage
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Societe
Generale
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38.889%
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CIT Lending
Services Corporation
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27.778%
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SunTrust
Bank
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33.333%
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TOTAL
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100.000%
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B. Term
Loan Commitments
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Lender
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Amount
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Percentage
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Societe
Generale
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38.889%
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CIT Lending
Services Corporation
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27.778%
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SunTrust
Bank
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33.333%
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TOTAL
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100.000%
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C.
Delayed Draw Commitments
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Lender
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Amount
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Percentage
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Societe
Generale
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38.889%
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CIT Lending
Services Corporation
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2
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