SEC Info  
    Home      Search      My Interests      Help      Sign In      Please Sign In

AOL Inc. – ‘10-12B/A’ on 11/5/09 – EX-10.48

On:  Thursday, 11/5/09, at 9:55pm ET   ·   As of:  11/6/09   ·   Accession #:  1193125-9-226110   ·   File #:  1-34419

Previous ‘10-12B’:  ‘10-12B/A’ on 10/26/09   ·   Next:  ‘10-12B/A’ on 11/12/09   ·   Latest:  ‘10-12B/A’ on 11/16/09

Find Words in Filings emoji
 
  in    Show  and   Hints

  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

11/06/09  AOL Inc.                          10-12B/A              50:6.6M                                   RR Donnelley/FA

Amendment to Registration of Securities (General Form)   —   Form 10
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-12B/A    Amendment #3 to Form 10                             HTML    131K 
 2: EX-2.1      Plan of Acquisition, Reorganization, Arrangement,   HTML    249K 
                          Liquidation or Succession                              
 3: EX-8.1      Opinion re: Tax Matters                             HTML     27K 
 4: EX-10.2     Material Contract                                   HTML     70K 
 6: EX-10.22    Material Contract                                   HTML    235K 
 7: EX-10.23    Material Contract                                   HTML     51K 
 8: EX-10.24    Material Contract                                   HTML     41K 
 9: EX-10.25    Material Contract                                   HTML     40K 
10: EX-10.26    Material Contract                                   HTML     27K 
11: EX-10.27    Material Contract                                   HTML     33K 
12: EX-10.28    Material Contract                                   HTML     25K 
13: EX-10.29    Material Contract                                   HTML     27K 
 5: EX-10.3     Material Contract                                   HTML    219K 
14: EX-10.30    Material Contract                                   HTML     58K 
15: EX-10.31    Material Contract                                   HTML     31K 
16: EX-10.32    Material Contract                                   HTML     26K 
17: EX-10.33    Material Contract                                   HTML     93K 
18: EX-10.35    Material Contract                                   HTML     27K 
19: EX-10.36    Material Contract                                   HTML     27K 
20: EX-10.37    Material Contract                                   HTML     26K 
21: EX-10.38    Material Contract                                   HTML     27K 
22: EX-10.39    Material Contract                                   HTML     27K 
23: EX-10.40    Material Contract                                   HTML    115K 
24: EX-10.42    Material Contract                                   HTML     29K 
25: EX-10.44    Material Contract                                   HTML     67K 
26: EX-10.45    Material Contract                                   HTML     28K 
27: EX-10.46    Material Contract                                   HTML     19K 
28: EX-10.47    Material Contract                                   HTML    173K 
29: EX-10.48    Material Contract                                   HTML     23K 
30: EX-10.49    Material Contract                                   HTML     24K 
31: EX-10.50    Material Contract                                   HTML     53K 
32: EX-10.51    Material Contract                                   HTML     20K 
33: EX-10.52    Material Contract                                   HTML     40K 
34: EX-10.53    Material Contract                                   HTML    118K 
35: EX-10.54    Material Contract                                   HTML    140K 
36: EX-10.55    Material Contract                                   HTML     27K 
37: EX-10.57    Material Contract                                   HTML     39K 
38: EX-10.58    Material Contract                                   HTML     91K 
39: EX-10.60    Material Contract                                   HTML     23K 
40: EX-10.61    Material Contract                                   HTML     44K 
41: EX-10.62    Material Contract                                   HTML     23K 
42: EX-10.63    Material Contract                                   HTML     19K 
43: EX-10.64    Material Contract                                   HTML     36K 
44: EX-10.67    Material Contract                                   HTML     17K 
45: EX-10.91    Material Contract                                   HTML     81K 
46: EX-10.92    Material Contract                                   HTML    132K 
47: EX-10.94    Material Contract                                   HTML     21K 
48: EX-10.95    Material Contract                                   HTML     54K 
49: EX-10.96    Material Contract                                   HTML     54K 
50: EX-99.1     Miscellaneous Exhibit                               HTML   2.05M 


EX-10.48   —   Material Contract


This exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



  EXHIBIT 10.48  

 

Exhibit 10.48

THE USE OF THE FOLLOWING NOTATION IN THIS EXHIBIT INDICATES THAT A CONFIDENTIAL PORTION HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION: [****].

AMENDMENT NO. 1 TO

NETWORK SERVICES AGREEMENT

This Amendment No. 1 to the Network Services Agreement (the Agreement) is entered into on June 9th, 2004 (the Amendment No. 1 Effective Date) by and between America Online, Inc., a Delaware corporation with offices at 22000 AOL Way, Dulles, Virginia 20166 (“AOL”) and MCI WORLDCOM Network Services, Inc., with offices at 22001 Loudoun County Parkway, Ashburn, Virginia 20147 (“MCI”).

In consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

 

1. PURCHASE COMMITMENT SECTION 3.1(i). Commencing with the Amendment No. 1 Effective Date, Section 3.1(i) will be replaced in its entirety with the following:

 

  (i) From January 1, 2004 through December 31, 2004, AOL will have a minimum annual revenue commitment of [****] (the “2004 Purchase Commitment”).

 

2. PURCHASE COMMITMENT SECTION 3.3. Commencing with the Amendment No. 1 Effective Date, Section 3.3 will be replaced in its entirety with the following:

 

  3.3 For the 2004 Purchase Commitment AOL will, subject to the terms of this Agreement, owe MCI no less than an amount equal to one hundred eighty-seven million seven hundred fifty-six thousand eight hundred dollars ($187,756,800.00). For 2005 and 2006, under each Purchase Commitment, AOL will, subject to the terms of this Agreement, owe MCI no less than an amount equal to the sum of the Purchase Commitment for applicable Measurement Period multiplied by the applicable tiered Port Price. In the event AOL does not satisfy the Purchase Commitment for the applicable Measurement Period, then MCI may invoice AOL for an additional fee in an amount equal to one hundred percent (100%) of the difference between the aggregate invoiced amounts and the Purchase Commitment for that year (“Take or Pay Remedy”). MCI shall provide AOL with an invoice for this Take or Pay Remedy within ninety (90) days of the end of each calendar year, and AOL shall pay the full amount, less any amounts disputed in good faith, within thirty (30) days of receipt of such invoice. The parties agree that this Take or Pay Remedy shall be adjusted (i) to the extent that AOL is entitled to reduce its Purchase Commitment or to receive credits from Verizon under the terms of this Agreement, and (ii) in a year in which AOL is unable to meet its Purchase Commitment due to material breaches of this Agreement by Verizon.

 

3. OTHER TERMS AND CONDITIONS. Except as specifically amended or modified herein, the terms and conditions of the Agreement will remain in full force and effect throughout the Service Term and any extensions thereof.

 

05.25.04    Page 1 of 2    AOL/MCI Confidential


 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the Effective Date.

 

AMERICA ONLINE, INC.     MCI WORLDCOM NETWORK SERVICES, INC.
By:   /s/ John Schanz     By:   /s/ John Krummer
Name:   John Schanz     Name:   JOHN KRUMMER
Title:   SVP, Global NetOps     Title:   SVP
Date:   6/9/04     Date:   6/14/2004

 

 

05.25.04    Page 2 of 2    AOL/MCI Confidential

Dates Referenced Herein

This ‘10-12B/A’ Filing    Date    Other Filings
Filed as of:11/6/09None on these Dates
Filed on:11/5/09
12/31/04
1/1/04
 List all Filings 
Top
Filing Submission 0001193125-09-226110   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

Copyright © 2024 Fran Finnegan & Company LLC – All Rights Reserved.
AboutPrivacyRedactionsHelp — Tue., Apr. 23, 2:19:22.1am ET