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108
10.16#
—
Form of Nonqualified Stock Option Agreement under the EarthLink, Inc. 2006 Equity and Cash Incentive Plan
(incorporated by reference to Exhibit 10.3 to EarthLink, Inc.'s Report on Form 8
-
K dated May 5, 2006).
10.17#
—
Form of Nonqualified Stock Option Agreement for Directors under the EarthLink, Inc. 2006 Equity and Cash Incentive Plan
(incorporated by reference to Exhibit 10.4 to EarthLink, Inc.'s Report on Form 8
-
K dated May 5, 2006).
10.18#
—
Form of Restricted Stock Unit Agreement under the EarthLink, Inc. 2006 Equity and Cash Incentive Plan (incorporated by
reference to Exhibit 10.5 to EarthLink, Inc.'s Report on Form 8
-
K dated May 5, 2006).
10.19#
—
Form of Award Agreement under EarthLink, Inc. Stock Option Plan for Inducement Awards Relating to the Acquisition of
New Edge Holding Company (incorporated by reference to Exhibit 4.4 to the Registration Statement of Form S
-8—File
No. 333
-
133870).
10.20
—
Office Lease Agreement dated November 16, 1999, between Kingston Atlanta Partners, L.P. and MindSpring
Enterprises, Inc., as amended (incorporated by reference to Exhibit 10.1 of EarthLink, Inc.'s Report on Form 10-Q for the
quarterly period ended March 31, 2001
—
File No. 001
-
15605).
10.21
—
Fourth Amendment to Office Lease between California State Teacher's Retirement System and EarthLink, Inc. (incorporated
by reference to Exhibit 10.1 of EarthLink, Inc.'s Report on Form 8
-
K dated December 30, 2004
—
File No. 001
-
15605).
10.22
—
Office Lease by and between The Mutual Life Insurance Company of New York, and EarthLink Network, Inc., dated
September 20, 1996, as amended (incorporated by reference to Exhibit 10.2 of EarthLink, Inc.'s Report on Form 10-Q for
the quarterly period ended March 31, 2001
—
File No. 001
-
15605).
10.23
—
Lease Agreement Between WHMNY Real Estate Limited Partnership and EarthLink, Inc. Dated September 19, 2005
(incorporated by reference to Exhibit 10.1 of EarthLink, Inc.'s Report on Form 8-K dated October 14, 2005—File No. 001-
15605).
10.24
—
Contribution Agreement Among HELIO LLC, HELIO, Inc., SK Telecom USA Holdings, Inc. and EarthLink, Inc.
(incorporated by reference to Exhibit 10.1 of EarthLink, Inc.'s Report on Form 8-K dated November 7, 2007—File No. 001-
15605).
10.25
—
Form of Second Amended and Restated Limited Liability Company Agreement of HELIO LLC (incorporated by reference
to Exhibit 10.2 of EarthLink, Inc.'s Report on Form 8
-
K dated November 7, 2007
—
File No. 001
-
15605).
10.26
—
Form of Second Amended and Restated Certificate of Incorporation of HELIO, Inc. (incorporated by reference to
Exhibit 10.3 of EarthLink, Inc.'s Report on Form 8
-
K dated November 7, 2007
—
File No. 001
-
15605).
10.27
—
Form of Amended and Restated Stockholders' Agreement by and among SK Telecom Co., Ltd., EarthLink, Inc. and
HELIO, Inc. (incorporated by reference to Exhibit 10.4 of EarthLink, Inc.'s Report on Form 8-K dated November 7, 2007—
File No. 001
-
15605).
10.28
—
Form of Bylaws of HELIO, Inc. (incorporated by reference to Exhibit 10.5 of EarthLink, Inc.'s Report on Form 8
-
K dated
November 7, 2007
—
File No. 001
-
15605).
10.29
—
Form of Secured Exchangeable Promissory Note from HELIO, Inc. to EarthLink, Inc. (incorporated by reference to
Exhibit 10.6 of EarthLink, Inc.'s Report on Form 8
-
K dated November 7, 2007
—
File No. 001
-
15605).
10.30*
—
Form of Second Amendment to the Second Amended and Restated Limited Liability Company Agreement of HELIO LLC.
10.31*
—
Form of Certificate of Amendment of the Second Amended and Restated Certificate of Incorporation of HELIO, Inc.
10.32
—
Purchase Agreement, by and among EarthLink, Inc., Covad Communications Group, Inc. and Covad Communications
Company dated as of March 15, 2006 (incorporated by reference to Exhibit 10.1 to EarthLink's Report on Form 8-K dated
March 15, 2006
—
File No. 001
-
15605).
10.33
—
Form of 12% Senior Secured Convertible Note due 2011 issued by Covad Communications Group, Inc. and Covad
Communications Company (incorporated by reference to Exhibit 10.2 to EarthLink's Report on Form 8-K dated March 15,
2006
—
File No. 001
-
15605).
10.34
—
Form of Registration Rights Agreement, by and between EarthLink, Inc. and Covad Communications Group, Inc.
(incorporated by reference to Exhibit 10.3 to EarthLink's Report on Form 8
-
K dated March 15, 2006
—
File No. 001
-
15605).
10.35
—
Form of Security Agreement, by Covad Communications Group, Inc. and Covad Communications Company for the benefit
of EarthLink, Inc. (incorporated by reference to Exhibit 10.4 to EarthLink's Report on Form 8-K dated March 15, 2006—
File No. 001
-
15605).
10.36
—
Confirmation of Convertible Bond Hedge Transaction, dated November 13, 2006, by and between EarthLink, Inc. and UBS
AG, London Branch (incorporated by reference to Exhibit 10.1 to EarthLink's Report on Form 8-K dated November 13,
2006
—
File No. 001
-
15605).
10.37
—
Confirmation of Convertible Bond Hedge Transaction, dated November 13, 2006, by and between EarthLink, Inc. and Bank
of America, N.A. (incorporated by reference to Exhibit 10.2 to EarthLink's Report on Form 8-K dated November 13, 2006—
File No. 001
-
15605).
10.38
—
Confirmation of Issuer Warrant Transaction dated November 13, 2006, by and between EarthLink, Inc. and UBS AG,
London Branch (incorporated by reference to Exhibit 10.3 to EarthLink's Report on Form 8-K dated November 13, 2006—
File No. 001
-
15605).
10.39
—
Confirmation of Issuer Warrant Transaction, dated November 13, 2006, by and between EarthLink, Inc. and Bank of
America, N.A. (incorporated by reference to Exhibit 10.4 to EarthLink's Report on Form 8-K dated November 13, 2006—
File No. 001
-
15605).
10.40
—
Employment Agreement, dated June 25, 2007, between EarthLink, Inc. and Rolla P. Huff, President and Chief Executive
Officer of EarthLink, Inc. (incorporated by reference to Exhibit 10.1 of EarthLink, Inc.'s Report of Form 8-
K dated June 25,
2007
—
File No. 001
-
15605).