FairPoint Communications 2004 Annual Report Download - page 475

on a fully diluted basis, or (b) Shares that, after the closing of such public offering, will be traded on the New York Stock Exchange, the American
Stock Exchange or the National Association of Securities Dealers Automated Quotation System.
“Qualifying Termination of Employment” means a termination of a Participant’s employment with the Company or any of its Subsidiaries
by reason of the Participant’s Disability, early retirement with the consent of the Committee or Normal Retirement.
“Restricted Stock” means an award of Common Stock made pursuant to Section 5.1 that is forfeitable by the Participant until the
completion of a specified period of future service or until otherwise determined by the Committee or in accordance with the terms of the Plan.
“Restricted Unit” means a contractual right to receive Common Stock, or cash based on the Fair Market Value of Common Stock, made
pursuant to Section 5.1 that is forfeitable by the Participant until the completion of a specified period of future service or until otherwise determined
by the Committee or in accordance with the terms of the Plan.
“Share” means a share of Common Stock.
“Stock Appreciation Right” means the right to receive a payment from the Company, in cash or Common Stock, in an amount to be
determined under Article VII of the Plan.
“Subsidiary” means any corporation in which the Company owns, directly or indirectly, stock representing 50% or more of the voting
power of all classes of stock entitled to vote and any other business organization, regardless of form, in which the Company possesses directly or
indirectly 50% or more of the total combined equity interests in such organization.
“Supplemental Unit” has the meaning given in Section 8.1.
“THL Entity” means Thomas H. Lee Equity Fund IV, L.P. and its Affiliates.
13.2 Gender and Number. Except when otherwise indicated by the context, words in the masculine gender used in the Plan shall include the
feminine gender, the singular shall include the plural, and the plural shall include the singular.
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