Commitment Letter for $35,000,000 Financing Facility between Motorola, Inc. and Next Level Communications, Inc.

Summary

Motorola, Inc. has agreed to provide Next Level Communications, Inc. with a $35 million financing facility to be used for general corporate and working capital needs. The commitment is subject to the terms and conditions outlined in an attached term sheet. Both parties have signed the letter to confirm their agreement as of March 29, 2002.

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EX-10.5 8 f81472ex10-5.txt EXHIBIT 10.5 Exhibit 10.5 March 29, 2002 Next Level Communications, Inc. 6085 State Farm Drive Rohnert Park, California 94928 Attention: Mr. James Ide Re: Next Level Communications, Inc. Commitment Letter Dear Mr. Ide: We understand that you are interested in obtaining a commitment for a $35,000,000 financing facility (the "Financing Facility"), the proceeds of which will be used for general corporate and working capital purposes. Motorola, Inc. ("Motorola") is pleased to commit to provide the full amount of the Financing Facility. Our commitment hereunder is subject to the terms and conditions in the term sheet annexed hereto as Annex I (the "Term Sheet"). Very Truly Yours, MOTOROLA, INC. By: /s/ Motorola, Inc. Title: Senior Vice President Agreed to and Accepted this 29th day of March, 2002 NEXT LEVEL COMMUNICATIONS, INC. By: /s/ Next Level Communications, Inc. Title: Senior Vice President