EX-2.1
from 8-K
34 pages
Agreement and Plan of Merger Among Acf Industries Holding Corp., Arnos Corp., Arnos Sub Corp., High River Limited Partnership, Barberry Corp., Xo Merger Corp., and Xo Holdings, Inc. Dated as of July 11, 2011 Table of Content
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EX-2.1
from 8-K
2 pages
Pursuant to the Recommendation of the Special Committee of Our Board of Directors, Our Board of Directors Has Determined That Mutual Termination of the Equity Purchase Agreement, Without Damages or a Break-Up Fee, Is, Under the Circumstances, in the Best Interests of Xo Holdings, Inc. and Therefore, We Hereby Agree to Terminate the Equity Purchase Agreement by Mutual Consent. Please Confirm Your Agreement to Likewise Terminate the Equity Purchase Agreement by Your Signature in the Space Provided Below. Very Truly Yours, Xo Holdings, Inc. By: /S/ Carl J. Grivner Name: Carl J. Grivner Title: Chief Executive Officer Acknowledged and Agreed: Elk Associates LLC By: /S/ Edward Mattner Name: Edward Mattner Title: Treasurer
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EX-2.2
from 8-K/A
330 pages
[This Preliminary Draft Is for Discussion Purposes Only and Shall Not Be Deemed to Constitute a Legally Binding Offer or Agreement. Legal Obligations Will Arise Only Upon, Among Other Things, Execution and Delivery of the Definitive Documentation and After All Credit and Other Approvals Are Obtained by the Lenders and the Administrative Agent.] Amended and Restated Credit and Guaranty Agreement Dated as of , 2002 Among Xo Communications, Inc., Certain Subsidiaries of Xo Communications, Inc., as Guarantors, Various Lenders, and Mizuho Corporate Bank, Ltd., as Administrative Agent, $500,000,000 Senior Secured Term Loan
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