FairPoint Communications 2004 Annual Report Download - page 313

on account of any Indebtedness that is subordinated in right of payment to the Obligations (including, without limitation, any Permitted Senior Subordinated
Notes, any Additional Permitted Subordinated Debt and guaranties thereof), (iii) any payment by the Borrower or any of its Subsidiaries with respect to any
Intercompany Debt and (iv) the making of (or giving any notice in respect of) any voluntary or optional payment or prepayment on or redemption, repurchase
or acquisition for value of (including, without limitation, by way of depositing with the trustee with respect thereto or any other Person money or securities
before due for the purpose of paying when due), or any prepayment, repurchase, redemption or acquisition for value as a result of any asset sale, change of
control or similar event of any Permitted Acquired Debt, any Scheduled Existing Indebtedness (other than the Existing Seller/Opco Notes not refinanced
pursuant to the Refinancing, so long as no Default or Event of Default then exists or would result from the prepayment, repurchase or redemption thereof), any
Existing 2008 Subordinated Notes Document, any Existing 2010 Subordinated Notes Document, any Existing 2010 Senior Notes Document and, on and after
the execution, delivery and/or incurrence thereof, any Permitted Senior Unsecured Notes Document, any Permitted Senior Subordinated Notes Document, any
other Permitted Junior Capital and any Permitted Refinancing Indebtedness.
“Revolving Commitment” shall mean, with respect to each Lender, the amount set forth opposite such Lender’s name in Annex I hereto
directly below the column entitled “Revolving Commitment,” as the same may be (x) reduced or terminated from time to time pursuant to Section 2.02, 2.03
and/or 8 or (y) adjusted from time to time as a result of assignments to or from such Lender pursuant to Section 1.13 and/or 11.04.
“Revolving Facility” shall mean the Facility evidenced by the Total Revolving Commitment.
“RF Commitment Commission” shall have the meaning provided in Section 2.01(a).
“RF Lender” shall mean at any time each Lender with a Revolving Commitment or with outstanding RF Loans.
“RF Loan” shall have the meaning provided in Section 1.01(c).
“RF Maturity Date” shall mean February 8, 2011.
“RF Note” shall have the meaning provided in Section 1.05(a).
“Scheduled Existing Indebtedness” shall have the meaning provided in Section 7.04(g).
“SEC” shall have the meaning provided in Section 6.01(g).
“SEC Regulation D” shall mean Regulation D as promulgated under the Securities Act.
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