FairPoint Communications 2004 Annual Report Download - page 315

“Subsidiary” of any Person shall mean and include (i) any corporation more than 50% of whose stock of any class or classes having by
the terms thereof ordinary voting power to elect a majority of the directors of such corporation (irrespective of whether or not at the time stock of any class or
classes of such corporation shall have or might have voting power by reason of the happening of any contingency) is at the time owned by such Person
directly or indirectly through Subsidiaries and (ii) any partnership, association, joint venture or other entity in which such Person directly or indirectly
through Subsidiaries, has more than a 50% equity interest at the time. Unless otherwise expressly provided, all references herein to “Subsidiary” shall mean a
Subsidiary of the Borrower. Notwithstanding the foregoing (and except for purposes of (x) Sections 5.01, 5.04, 5.12, 5.13, 5.14, 5.17, 6.01(f), 6.04, 6.06,
6.07, 8.05, 8.06 and 8.09 and the defined terms used therein and (y) the definition of Unrestricted Subsidiary contained herein), an Unrestricted Subsidiary
shall be deemed not to be a Subsidiary of the Borrower or any of its other Subsidiaries for purposes of this Agreement.
“Subsidiary Guarantors” shall mean each Subsidiary party to the Subsidiary Guaranty.
“Subsidiary Guaranty” shall have the meaning provided in Section 4.01(h).
“Swingline Expiry Date” shall mean that date which is five Business Days prior to the RF Maturity Date.
“Swingline Lender” shall mean DBTCA in its individual capacity for so long as DBTCA is the Administrative Agent hereunder, and
thereafter shall mean the successor Administrative Agent in its individual capacity.
“Swingline Loan” shall have the meaning provided in Section 1.01(d).
“Swingline Note” shall have the meaning provided in Section 1.05(a).
“Syndication Agent” shall have the meaning provided in the first paragraph of this Agreement.
“Syndication Date” shall mean the earlier of (i) the 90th day following the Initial Borrowing Date and (ii) the date upon which the
Administrative Agent determines (and notifies the Borrower and the Lenders) that the primary syndication (and resultant addition of Persons as Lenders
pursuant to Section 11.04(b)) has been completed.
“S&P” shall have the meaning provided in the definition of “Cash Equivalents”.
“Taxes” shall have the meaning provided in Section 3.04(a).
“TelCo” shall mean any Subsidiary of the Borrower that is an operating company (except to the extent same is a Non-Core Asset).
“Tender Offer and Consent Solicitation Consummation” shall mean the taking of the actions specified in clause (y) of Section 4.01(l)(ii)
and 6.13(a).
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