FairPoint Communications 2002 Annual Report Download - page 279

as defined in, the Original Credit Agreement.
"EXISTING LETTER OF CREDIT" shall have the meaning provided in Section
1A.01(d).
"EXPIRATION DATE" shall mean March 15, 2003.
"FACILITY" shall mean any of the credit facilities established under
this Agreement, i.e., the A Term Facility, the C Term Facility-Fixed Rate, the C
Term Facility-Floating Rate or the Revolving Facility.
"FACING FEE" shall have the meaning provided in Section 2.01(c).
"FAIRPOINT CARRIER SERVICES" shall mean FairPoint Carrier Services,
Inc. (formerly known as FairPoint Communications Solutions, Inc.), a
wholly-owned subsidiary of the Borrower.
"FAIRPOINT CARRIER SERVICES CREDIT AGREEMENT" shall mean the Credit
Agreement of FairPoint Carrier Services, dated as of May 10, 2002, among
FairPoint Carrier Services and various lenders from time to time party thereto,
as in effect on the Restatement Effective Date and as the same may be amended,
modified and/or supplemented from time to time.
"FCC" shall mean the Federal Communications Commission and any
successor regulatory body.
"FEDERAL FUNDS EFFECTIVE RATE" shall mean for any period, a
fluctuating interest rate equal for each day during such period to the weighted
average of the rates on overnight Federal Funds transactions with members of the
Federal Reserve System arranged by Federal Funds brokers, as published for such
day (or, if such day is not a Business Day, for the next preceding Business Day)
by the Federal Reserve Bank of New York, or, if such rate is not so published
for any day which is a Business Day, the average of the quotations for such day
on such transactions received by the Administrative Agent from three Federal
Funds brokers of recognized standing selected by the Administrative Agent.
"FEES" shall mean all amounts payable pursuant to, or referred to in,
Section 2.01.
"FINAL MATURITY DATE" shall mean March 31, 2007.
"FRE DATE" with respect to any C Term Loan-Fixed Rate, shall have the
meaning provided in the C Term Note-Fixed Rate evidencing such C Term Loan-Fixed
Rate.
"GAAP" shall mean generally accepted accounting principles in the
United States of America as in effect on the date of this Agreement; it being
understood and agreed that determinations in accordance with GAAP for purposes
of Section 7, including defined terms as used therein, are subject (to the
extent provided therein) to Section 11.07(a).
"HAZARDOUS MATERIALS" shall mean (a) petroleum or petroleum products,
radioactive materials, asbestos in any form that is friable, urea formaldehyde
foam insulation, and radon gas; (b) any chemicals, materials or substance
defined as or included in the definition of "hazardous substances," "hazardous
waste," "hazardous materials," "extremely hazardous substances," restricted
hazardous waste," "toxic substances," "toxic pollutants," "contaminants," or
"pollutants," or words of similar import, under any applicable Environmental
Law; and (c) any other chemical, material or substance, the release of which is
prohibited, limited or regulated by any governmental authority.
"INCREMENTAL COMMITMENT REQUIREMENTS" shall mean, with respect to the
request for an Incremental Revolving Commitment made pursuant to Section 1.14 or
any provision of an Incremental Revolving Commitment on a given Incremental