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JOINDER AGREEMENT

Assumption Agreement

JOINDER AGREEMENT | Document Parties: ABOVENET COMMUNICATIONS, INC | SUNTRUST BANK You are currently viewing:
This Assumption Agreement involves

ABOVENET COMMUNICATIONS, INC | SUNTRUST BANK

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Title: JOINDER AGREEMENT
Governing Law: New York     Date: 9/30/2008
Industry: Communications Services     Sector: Services

JOINDER AGREEMENT, Parties: abovenet communications  inc , suntrust bank
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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.

 

1.

New Lender:

SunTrust Bank

 

 

 

2.

Borrower:

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

 

 

 

3.

Administrative Agent:

SOCIETE GENERALE, as Administrative Agent under the Credit Agreement

 

 

 

4.

Credit Agreement:

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.

 

 

 

5.

New Loan Commitment:

$30,000,000, in aggregate, to be allocated on a pro rata basis as shown in the following tables.

 


 

A. Revolving Commitments

 

Lender

Amount

Percentage

Societe Generale

$10,500,000

38.889%

CIT Lending Services Corporation

$ 7,500,000

27.778%

SunTrust Bank

$ 9,000,000

33.333%

TOTAL

$27,000,000

100.000%

 

 

B. Term Loan Commitments

 

Lender

Amount

Percentage

Societe Generale

$14,000,000

38.889%

CIT Lending Services Corporation

$10,000,000

27.778%

SunTrust Bank

$12,000,000

33.333%

TOTAL

$36,000,000

100.000%

 

C. Delayed Draw Commitments

 

Lender

Amount

Percentage

Societe Generale

$10,500,000

38.889%

CIT Lending Services Corporation

$ 7,500,000

2


 
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