Federal Communications CommissionINTERNATIONAL BUREAU Official Receipt of Withdrawal of Application |
| Withdrawal ID | WTH20101014155048232 |
| Withdrawal Date | 10/14/2010 03:50:48:232 PM |
| FRN | 0006801583 |
| File Number | ITC-T/C-20100706-00270 |
| Applicant Name | American Fiber Network, Inc. |
| IB Submission ID | IB2010001986 |
| Callsign | |
| Description of Application | Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19990908-00561, held by American Fiber Network, Inc. (AFN), from its 100 percent parent MobilePro Corp. (MobilePro) to New Earthshell Corporation (NEC). Pursuant to a purchase and sale agreement, NEC will purchase all of the issued and outstanding shares of common stock of AFN, and MobilePro will transfer to NEC all of the right, title and interest of MobilePro in and to the AFN common stock. Upon closing, AFN will become a wholly owned subsidiary of NEC. NEC is wholly owned by YA Global Investments, L.P. (YA Global), a Cayman Islands exempt limited partnership. Yorkville Advisors, GP, LLC (Yorkville Advisors GP) is the general partner of YA Global. Yorkville Advisors GP is owned by Mark Angelo (70%), Matt Beckman (15%), Gerald Eicke (10%), and David Gonzalez (5%), all of whom are U.S. citizens. The investment manager of YA Global is Yorkville Advisors, LLC (Yorkville), which exercises de facto control over YA Global and NEC, and which will exercise de facto control over AFN upon closing. The following individuals, all U.S. citizens, hold equal rights to make decisions for Yorkville and hold equity ownership interests in Yorkville as follows: Mark Angelo (70%), Matt Beckman (15%), Gerald Eicke (10%), David Gonzalez (5%), Troy Rillo (0%), and Ed Schinik (0%). The following two entities, both Cayman Islands limited companies, hold 10 percent or greater ownership interests in YA Global: YA Offshore Global Investments, Ltd. (47.56%) and YA Offshore SPV 309 Ltd. (13.23%). No other individual or entity will hold a 10 percent or greater direct or indirect equity or voting interest in NEC or AFN. |
| Filed on | 06/24/2010 10:29:26:540 AM |
| Date of Public Notice | 08/05/2010 03:51:32:026 PM |
| As requested by | Robert E. Heath - EVP (Name and Title of company official) |
| As requested by the above entity, the referenced application has been withdrawn. The application is not a GSO-like license application and is therefore not eligible for an application fee refund pursuant to Section 1.1113(d) of the Rules. | |