CONTROL TO THE VESTING AND PAYMENT OF ANY CASH SIGNING BONUS AMOUNT PAYABLE
PURSUANT TO THE TERMS OF THE SIGNING BONUS AGREEMENT AND TO ANY SHARES OF
RESTRICTED STOCK WHICH WERE GRANTED ON APRIL 9, 2008, THAT WOULD, IN THE ABSENCE
OF A CHANGE IN CONTROL, OTHERWISE VEST ON APRIL 9, 2010.
3.
EXCEPT AS OTHERWISE PROVIDED HEREIN,
ALL OTHER TERMS AND PROVISIONS OF THE AGREEMENTS DESCRIBED ABOVE WILL REMAIN IN
FULL FORCE AND EFFECT.
THE PARTIES HAVE EXECUTED THIS WAIVER EFFECTIVE AS OF THE DATE OF THE LAST
SIGNATURE HEREOF.
FIBERTOWER CORPORATION
EXECUTIVE:
By:
/s/ John P. Kelly
By:
/s/ Kurt J. Van Wagenen
Printed Name:
John P. Kelly
Printed Name:
Kurt J. Van Wagenen
Title:
Chairman-Compensation Committee-
Title:
President and CEO
FiberTower Corporation
Date:
December 11, 2009
Date:
December 16, 2009
3