Re: Termination of Equity Purchase Agreement, dated as ofNovember 4, 2005, as amended (the Equity Purchase Agreement)

Contract Categories: Business Operations - Termination Agreements
EX-2.1 2 w19311exv2w1.htm EXHIBIT 2.1 exv2w1
 

Exhibit 2.1
Execution Version
March 30, 2006
Elk Associates, LLC
c/o Icahn Associates Corp.
47th Floor
767 Fifth Avenue
New York, New York 10153
     
Re:
  Termination of Equity Purchase Agreement, dated as of November 4, 2005, as amended
 
  (the “Equity Purchase Agreement”)
Gentlemen:
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