FairPoint Communications 2004 Annual Report Download - page 316

“Tender Offers and Consent Solicitations” shall have the meaning provided in Section 4.01(l).
“Term Loan Maturity Date” shall mean February 8, 2012.
“Term Loans” shall mean, collectively, each B Term Loan and each Delayed-Draw B Term Loan.
“Test Period” shall mean each period of four consecutive fiscal quarters then last ended, in each case taken as one accounting period.
“THL” shall mean THL Equity Advisors IV, LLC and its Affiliates.
“Total Available Revolving Commitment” shall mean, at any time, an amount equal to the remainder of (x) the Total Revolving
Commitment at such time less (y) the Blocked Revolving Commitment as in effect at such time.
“Total Commitment” shall mean, at any time, the sum of the Total Initial B Term Commitment, the Total Delayed-Draw B Term
Commitment, the Total Incremental B Term Commitment and the Total Revolving Commitment at such time.
“Total Delayed-Draw B Term Commitment” shall mean the sum of the Delayed-Draw B Term Commitments of each of the Lenders.
“Total Incremental B Term Commitment” shall mean the sum of the Incremental B Term Commitments of each of the Lenders.
“Total Initial B Term Commitment” shall mean the sum of the Initial B Term Commitments of each of the Lenders.
“Total Revolving Commitment” shall mean, at any time, the sum of the Revolving Commitments of each of the Lenders at such time.
“Total Unutilized Revolving Commitment” shall mean, at any time, (i) the Total Revolving Commitment at such time less (ii) the sum of
(x) the aggregate principal amount of all RF Loans and Swingline Loans at such time plus (y) the Letter of Credit Outstandings at such time.
“Transaction” shall mean (i) the Refinancing, (ii) the issuance of Borrower Common Stock pursuant to the IPO, (iii) the entering into of the
Credit Documents and the incurrence of all Loans and the issuance of all Letters of Credit on the Initial Borrowing Date, and (iv) the payment of fees and
expenses in connection with the foregoing.
“Type” shall mean any type of Loan determined with respect to the interest option applicable thereto, i.e., a Base Rate Loan or Eurodollar
Loan.
“UCC” shall mean the Uniform Commercial Code as in effect from time to time in New York.
110