exv4w16



 





Exhibit 4.16




JOINDER AGREEMENT




May 31,2007




     Pursuant to Section 5(p) of the purchase agreement dated May 8, 2007, among Broadview Networks
Holdings, Inc. (“Broadview”), the Guarantors party thereto and Jefferies & Company, Inc.,
as Initial Purchaser (the “Purchase Agreement”), such section being an inducement to the
Initial Purchaser to execute said Purchase Agreement, the undersigned hereby execute this Joinder
Agreement, whereby each of the undersigned agrees, on a joint and several basis, to accede to the
terms of the Purchase Agreement and the Registration Rights Agreement dated as of May 14, 2007
among Broadview, the guarantors party thereto and Jefferies & Company, Inc. (the “Registration
Rights Agreement”), and undertake to perform, on a joint and several basis, the obligations of
Broadview, and each of the Guarantors set forth in the Purchase Agreement and the Registration
Rights Agreement, as though the undersigned had entered into the Purchase Agreement and the
Registration Rights Agreement on May 8, 2007 and May 14, 2007, respectively. Each of the
undersigned agrees that such obligations include, without limitation, (a) making to the Initial
Purchaser on the Closing Date all of the representations and warranties of Broadview and the
Guarantors contained in the Purchase Agreement with the same force and effect as if made by the
undersigned on and as of the date of the Purchase Agreement and the Closing Date, (b) their
assumption of the obligations of the Guarantors to perform and comply with all of the agreements
contained in the Purchase Agreement and the Registration Rights Agreement, and (c) their
assumption, to the same extent as set forth therein but on a joint and several basis, of
Guarantors’ indemnification and other obligations in Section 8 of the Purchase Agreement and
Section 8 of the Registration Rights Agreement.



[Signature Pages Follow]




 









 








     IN WITNESS WHEREOF, the parties hereto have caused this Joinder Agreement to be duly executed
as of the date first above written.



	 	 	 	 	 
	 	EUREKA BROADBAND CORPORATION 

 	 
	 	By:  	/s/ Corey Rinker
 	 
	 	 	Name:  	Corey Rinker 	 
	 	 	Title:  	Vice President, Assistant Secretary and Assistant Treasurer 	 
	 
	 	EUREKA HOLDINGS, LLC

 	 
	 	By:  	/s/ Corey Rinker
 	 
	 	 	Name:  	Corey Rinker 	 
	 	 	Title:  	Vice President, Assistant Secretary and Assistant Treasurer 	 
	 
	 	EUREKA NETWORKS, LLC

 	 
	 	By:  	/s/ Corey Rinker
 	 
	 	 	Name:  	Corey Rinker 	 
	 	 	Title:  	Vice President, Assistant Secretary and Assistant Treasurer 	 
	 
	 	EUREKA TELECOM, INC.

 	 
	 	By:  	/s/ Corey Rinker
 	 
	 	 	Name:  	Corey Rinker 	 
	 	 	Title:  	Vice President, Assistant Secretary and Assistant Treasurer 	 



 









 






	 	 	 	 	 



	 	 	 	 	 
	 	EUREKA TELECOM OF VA, INC.

 	 
	 	By:  	/s/ Corey Rinker
 	 
	 	 	Name:  	Corey Rinker 	 
	 	 	Title:  	Vice President, Assistant Secretary and Assistant Treasurer 	 
	 
	 	INFOHIGHWAY COMMUNICATIONS CORPORATION

 	 
	 	By:  	/s/ Corey Rinker
 	 
	 	 	Name:  	Corey Rinker 	 
	 	 	Title:  	Vice President, Assistant Secretary and Assistant Treasurer 	 
	 
	 	ARC NETWORKS, INC.

 	 
	 	By:  	/s/ Corey Rinker
 	 
	 	 	Name:  	Corey Rinker 	 
	 	 	Title:  	Vice President, Assistant Secretary and Assistant Treasurer 	 
	 
	 	A.R.C. NETWORKS, INC.

 	 
	 	By:  	/s/ Corey Rinker
 	 
	 	 	Name:  	Corey Rinker 	 
	 	 	Title:  	Vice President, Assistant Secretary and Assistant Treasurer 	 
	 
	 	INFOHIGHWAY VIRGINIA, INC.

 	 
	 	By:  	/s/ Corey Rinker
 	 
	 	 	Name:  	Corey Rinker 	 
	 	 	Title:  	Vice President, Assistant Secretary and Assistant Treasurer 	 



 









 






	 	 	 	 	 



	 	 	 	 	 
	 	INFO-HIGHWAY INTERNATIONAL, INC.

 	 
	 	By:  	/s/ Corey Rinker
 	 
	 	 	Name:  	Corey Rinker 	 
	 	 	Title:  	Vice President, Assistant Secretary and Assistant Treasurer