FairPoint Communications 2002 Annual Report Download - page 126

"indenture securities" means the Securities.
"indenture security holder" means a Securityholder.
"indenture to be qualified" means this Indenture.
"indenture trustee" or "institutional trustee" means the Trustee.
"obligor" on the indenture securities means the Company and any other
obligor on the indenture securities.
All other TIA terms used in this Indenture that are defined by the TIA,
defined by TIA reference to another statute or defined by SEC rule have the
meanings assigned to them by such definitions.
SECTION 1.04 RULES OF CONSTRUCTION. Unless the context otherwise requires:
(1) a term has the meaning assigned to it;
(2) an accounting term not otherwise defined has the meaning assigned
to it in accordance with GAAP;
(3) "or" is not exclusive;
(4) "including" means including without limitation;
(5) words in the singular include the plural and words in the plural
include the singular;
(6) unsecured Debt shall not be deemed to be subordinate or junior to
secured Debt merely by virtue of its nature as unsecured Debt;
(7) the principal amount of any non-interest bearing or other discount
security at any date shall be the principal amount thereof that would be
shown on a balance sheet of the issuer dated such date prepared in
accordance with GAAP; and
(8) the principal amount of any Preferred Stock shall be the greater
of (i) the maximum liquidation value of such Preferred Stock or (ii) the
maximum mandatory redemption or mandatory repurchase price with respect to
such Preferred Stock.
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ARTICLE II
THE SECURITIES
SECTION 2.01 AMOUNT OF SECURITIES. The Securities shall be known and
designated as the "11 7/8% Senior Notes due 2010" of the Company. The aggregate
principal amount of Securities that may be authenticated and delivered and
outstanding under this Indenture is not limited, except as provided in Section
4.03. All such Securities shall be substantially identical in all respects other
than issue price and issuance date. All Securities issued under this Indenture
will vote and consent together on all matters as one class, and none of the
Securities shall have the right to vote or consent as a separate class from one
another on any matter.
Subject to Section 2.03, the Trustee shall authenticate Original Securities
for original issue on the Issue Date in an aggregate principal amount of
$225,000,000. With respect to any Securities issued after the Issue Date (except
for Securities authenticated and delivered upon registration of transfer of, or
in exchange for, or in lieu of, Original Securities pursuant to Section 2.07,
2.08, 2.09 or 3.06 or Appendix A), there shall be established in or pursuant to
a resolution of the Board of Directors and, subject to Section 2.03, set forth,
or determined in the manner provided in an Officers' Certificate, or established
in one or more indentures supplemental hereto, prior to the issuance of such