FairPoint Communications 2009 Annual Report Download - page 257

Exhibit 10.15
NINTH AMENDMENT
This NINTH AMENDMENT, dated as of February 26, 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(b) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
“(b) Quarterly Financial Statements. As soon as available and in any event within 40 days after the close of every quarterly
accounting period in each fiscal year of FairPoint ( provided that such 40 day period shall be extended to 45 days if FairPoint is not subject
to the SEC’s large accelerated filer filing requirements and such 40 or 45 day period, as applicable, shall be extended an additional 5 days
if FairPoint has filed a Form 12b-25 with the SEC extending the date of the filing of the Quarterly Report on Form 10-Q due on such 40th
or 45th day, as applicable; provided, further, that with respect to the quarterly accounting period ended December 31, 2009, such period
shall be extended to March 30, 2010), (i) the consolidated balance sheet of FairPoint and its Subsidiaries, as at the end of such quarterly
period, and the related consolidated statements of operations and of cash flows for such quarterly period and for the elapsed portion of the
fiscal year ended with the last day of such quarterly period and (ii) consolidated balance sheets of each Intermediary Holding Company and
its Subsidiaries, as at the end of such quarterly period, and the related consolidated statements of operations and of cash flows for such
quarterly period and for the elapsed portion of the fiscal year ended with the last day of such quarterly period, and the case of each of
clauses (i) and (ii), 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