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EX-10.1 - EX-10.1 - ABOVENET INC | v184182_ex10-1.htm |
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM 8-K
Current
Report
Pursuant
to Section 13 or 15(d) of the
Securities
Exchange Act of 1934
Date of
Report (Date of earliest event reported): March 4, 2010
AboveNet, Inc.
(Exact
name of registrant as specified in its charter)
Delaware
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000-23269
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11-3168327
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(State
or other jurisdiction
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(Commission
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(IRS
Employer
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of
incorporation)
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File
Number)
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Identification
No.)
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360
Hamilton Avenue
White
Plains, New York
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10601
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant’s
telephone number, including area code (914) 421-6700
(Former
name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (
see General Instruction A.2. below):
o
Written communications pursuant to Rule 425 under the Securities Act (17
CFR 230.425)
o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
o
Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
Item 8.01.
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Other
Events
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On March
4, 2010, AboveNet, Inc. (the “Company”), and its wholly-owned subsidiaries
AboveNet Communications, Inc., AboveNet of Utah, LLC, AboveNet of VA, LLC,
and AboveNet International, Inc. (such subsidiaries, together with the
Company, the “Borrowers”), entered into an amendment (“Amendment No. 3”) to
Credit and Guaranty Agreement (the “Credit Agreement”) with the lender parties
thereto (the “Lenders”), Societe Generale, as Administrative Agent, and CIT
Lending Services Corporation, as Documentation Agent.
Pursuant
to Amendment No. 3, Section 2.07(b)(ii) of the Credit Agreement was amended and
restated to clarify the principal repayment schedule for the Delayed Draw Term
Loan (as defined therein).
The
foregoing summary does not purport to be complete and is subject to and
qualified in its entirety by reference to the actual text of Amendment No. 3
attached hereto as Exhibit 10.1.
Exhibit
10.1 was inadvertently omitted as Exhibit 10.1 to the Company’s Form 10-Q for
the quarterly period ended March 31, 2010.
Item 9.01.
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Financial
Statements and Exhibits
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(d) Exhibits.
Exhibit No.
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Description
of the Exhibit
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10.1
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Amendment
No. 3, dated as of March 4, 2010, to Credit and Guaranty Agreement among
AboveNet, Inc., AboveNet Communications, Inc., AboveNet of Utah,
LLC, AboveNet of VA, LLC, AboveNet International, Inc., the Lenders
party thereto, Societe Generale, as Administrative Agent, and CIT Lending
Services Corporation, as Documentation Agent, dated as of
February 29, 2008.
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SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
ABOVENET,
INC.
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Date:
May 10, 2010
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By:
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/s/ Robert
Sokota
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Robert
Sokota
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Senior
Vice President and General Counsel
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EXHIBIT
INDEX
Exhibit No.
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Description
of the Exhibit
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10.1
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Amendment
No. 3, dated as of March 4, 2010, to Credit and Guaranty Agreement among
AboveNet, Inc., AboveNet Communications, Inc., AboveNet of Utah,
LLC, AboveNet of VA, LLC, AboveNet International, Inc., the Lenders
party thereto, Societe Generale, as Administrative Agent, and CIT Lending
Services Corporation, as Documentation Agent, dated as of
February 29, 2008.
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