FairPoint Communications 2004 Annual Report Download - page 312

provided that such notice may only be given while an Event of Default under Section 8.01 exists and (ii) the date occurring 270 days after the date of the
related Reinvestment Notice.
“Repayment Election” shall have the meaning provided in Section 3.02(A)(b).
“Replaced Lender” shall have the meaning provided in Section 1.13.
“Replacement Lender” shall have the meaning provided in Section 1.13.
“Reportable Event” shall mean an event described in Section 4043(c) of ERISA with respect to a Plan that is subject to Title IV of ERISA
other than those events as to which the 30-day notice period is waived under subsection .22, .23, .25, .27 or .28 of PBGC Regulation Section 4043.
“Required Lenders” shall mean Non-Defaulting Lenders the sum of whose outstanding B Term Loans (and, if prior to the termination
thereof, Delayed-Draw B Term Commitments) and Revolving Commitments (or, after the termination thereof, outstanding RF Loans and Percentages of (x)
outstanding Swingline Loans and (y) Letter of Credit Outstandings) constitute greater than 50% of the sum of (i) all outstanding B Term Loans (and, if prior
to the termination thereof, Delayed-Draw B Term Commitments) of Non-Defaulting Lenders and (ii) the Total Revolving Commitment less the Revolving
Commitments of all Defaulting Lenders (or after the termination thereof, the sum of then total outstanding RF Loans of Non-Defaulting Lenders and the
aggregate Percentages of all Non-Defaulting Lenders of the total outstanding Swingline Loans and Letter of Credit Outstandings at such time).
“Required RF Lenders” shall mean those RF Lenders which are Non-Defaulting Lenders and which would constitute the Required Lenders
under, and as defined in, this Agreement if all outstanding B Term Loans were repaid in full and the Total Delayed-Draw B Term Commitment had terminated
in its entirety.
“Restricted” shall mean, when referring to cash or Cash Equivalents of the Borrower or any of its Subsidiaries, that such cash or Cash
Equivalents (i) appear (or would be required to appear) as “restricted” on a consolidated balance sheet of the Borrower or of any such Subsidiary, (ii) are
subject to any Lien in favor of any Person other than the Collateral Agent for the benefit of the Secured Creditors or (iii) are not otherwise generally available for
use by the Borrower or any of its Subsidiaries.
“Restricted Investment Entity” shall mean, as to any Person, (i) any other Person, other than an individual or a Wholly-Owned Subsidiary
of such Person, (x) in which such Person or a Subsidiary of such Person holds or acquires an ownership interest (whether by way of capital stock,
partnership or limited liability company interest, or other evidence of ownership) and (y) which is engaged in the Business and/or (ii) any Wholly-Owned
Domestic Subsidiary of such Person the capital stock or other equity interests of which then owned by such Person are not pledged pursuant to the Pledge
Agreement (other than as a result of applicable regulatory laws restricting such pledge).
“Restricted Payment” shall mean, with respect to the Borrower or any of its Subsidiaries, (i) any Dividend by such Person, (ii) any
payment of cash interest by such Person
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