FairPoint Communications 2004 Annual Report Download - page 372

shall be delivered, telegraphed, telexed, telecopied, faxed, cabled, or mailed (by first class mail, postage prepaid):
(i) if to any Pledgor, at its address set forth opposite its signature below;
(ii) if to the Pledgee, at:
Deutsche Bank Trust Company Americas
60 Wall Street
New York, New York 10005
Attention: Anca Trifan
Tel: [phone]
Fax: [phone]
(iii) if to any Lender Creditor (other than the Pledgee), either (x) to the Administrative Agent, at the address of the Administrative Agent
specified in the Credit Agreement or (y) at such address as such Lender Creditor shall have specified in the Credit Agreement;
(iv) if to any Interest Rate Creditor, at such address as such Interest Rate Creditor shall have specified in writing to the Pledgors and
the Pledgee;
or at such other address as shall have been furnished in writing by any Person described above to the party required to give notice hereunder.
20. WAIVER; AMENDMENT. None of the terms and conditions of this Agreement may be changed, waived, modified or varied in
any manner whatsoever unless in writing duly signed by the Pledgee (with the consent of the Required Lenders or, to the extent required by Section 11.12 of the
Credit Agreement, all of the Lenders) and each Pledgor affected thereby, provided that (i) no such change, waiver, modification or variance shall be made to
Section 9 hereof or this Section 20 without the consent of each Secured Creditor adversely affected thereby and (ii) any change, waiver, modification or
variance affecting the rights and benefits of a single Class (as defined below) of Secured Creditors (and not all Secured Creditors in a like or similar manner)
shall require the written consent of the Requisite Creditors (as defined below) of such Class of Secured Creditors. For the purpose of this Agreement, the term
“Class” shall mean each class of Secured Creditors, i.e., whether (x) the Lender Creditors as holders of the Credit Document Obligations or (y) the Interest
Rate Creditors as holders of the Interest Rate Obligations. For the purpose of this Agreement, the term “ Requisite Creditors” of any Class shall mean (x) with
respect to the Credit Document Obligations, the Required Lenders (or, to the extent required by Section 11.12 of the Credit Agreement, all of the Lenders) and
(y) with respect to the Interest Rate Obligations, the holders of at least a majority of all obligations outstanding from time to time under the Secured Interest Rate
Agreements.
21. PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor liable as a
general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC, and neither the Pledgee nor any Secured Creditor by virtue of
this Agreement or otherwise (except as referred to in the following sentence) shall have any of the duties, obligations or liabilities of a general partner or limited
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