FairPoint Communications 2004 Annual Report Download - page 333

jurisdictions set forth opposite such Credit Party’s name in said Annex, together with copies of such other financing statements that name such
Person as debtor were not required to be delivered on the Initial Borrowing Date, (ii) within 15 days following the Initial Borrowing Date, such
certified copies of Requests for Information or Copies (Form UCC-11), or equivalent reports, and related copies of financing statements shall have
been delivered to the Collateral Agent and (iii) within 180 days following the Initial Borrowing Date, unless otherwise agreed by the Collateral Agent in
its sole discretion, the Collateral Agent shall have received termination statements (Form UCC-3) or such other termination statements as shall be
required by local law, fully executed (where required) for filing, for all financing statements that name any of the Credit Parties listed in Annex X as
debtor and which cover any of the Collateral (except to the extent evidencing Permitted Liens).
All conditions precedent and representations contained in this Agreement and the other Credit Documents shall be deemed modified to the extent necessary to
effect the foregoing (and to permit the taking of the actions described above within the time periods required above, rather than as elsewhere provided in the
Credit Documents), provided that (x) to the extent any representation and warranty would not be true because the foregoing actions were not taken on the Initial
Borrowing Date, the respective representation and warranty shall be required to be true and correct in all material respects at the time the respective action is
taken (or was required to be taken) in accordance with the foregoing provisions of this Section 11.18 and (y) all representations and warranties relating to the
Pledge Agreement shall be required to be true in all material respects immediately after the actions required to be taken by Section 11.18 have been taken (or
were required to be taken). The incurrence of Loans on the Initial Borrowing Date shall constitute a representation, warranty and covenant by the Borrower to
each of the Lenders that the actions required pursuant to this Section 11.18 will be, or have been, taken within the relevant time periods referred to in this
Section 11.18 and that, at such time, all representations and warranties contained in this Agreement and the other Credit Documents shall then be true and
correct in all material respects without any modification pursuant to this Section 11.18, and the parties hereto acknowledge and agree that the failure to take
any of the actions required above, within the relevant time periods required above, shall give rise to an immediate Event of Default pursuant to this Agreement.
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