FairPoint Communications 2009 Annual Report Download - page 247

Exhibit 10.13
SEVENTH AMENDMENT
This SEVENTH AMENDMENT, dated as of February 8, 2010 (this “ Agreement”), to the Debtor-in-Possession Credit Agreement, dated
as of October 27, 2009 (as amended prior to the date hereof, the “ Credit Agreement”), by and among FAIRPOINT COMMUNICATIONS, INC., a Delaware
corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (as hereinafter defined) (“ FairPoint”), FAIRPOINT
LOGISTICS, INC., a South Dakota corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (“ Logistics”; Logistics,
together with FairPoint, each a “Borrower” and, collectively, the “Borrowers”), the lenders from time to time party thereto (the “ Lenders”), and BANK OF
AMERICA, N.A., as Administrative Agent (in such capacity, together with any successor administrative agent, the “ Administrative Agent”). Capitalized
terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement.
WHEREAS, the Borrowers have requested that the Administrative Agent and the Required Lenders amend a provision of the Credit
Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
SECTION 1. Amendments. Subject to all of the terms and conditions set forth herein:
1.1 Section 6.01(c) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
“(c) Monthly Financial Statements. As soon as available and in any event within 30 days after the close of each fiscal month
(provided that such 30 day period shall be extended to 45 days in the case of the fiscal month ending on the last day of a fiscal year of
FairPoint (other than with respect to the fiscal month ended December 31, 2009, which 45 day period shall be extended to 60 days)),
commencing with the first fiscal month ending after the Closing Date, the consolidated balance sheet of FairPoint and its Subsidiaries, as at
the end of such monthly period and the related consolidated statements of operations and of cash flows for such monthly period and for the
elapsed portion of the fiscal year ended with the last day of such monthly period, in each case setting forth comparative consolidated figures
for the related periods in the prior fiscal year, all of which shall be in reasonable detail and certified by the chief financial officer or
controller of FairPoint, subject to normal year-end audit adjustments.”
1.2 Section 8.11 of the Credit Agreement is hereby amended by deleting the reference to “February 11, 2010” and substituting “February 26,
2010” therefor.