FairPoint Communications 2009 Annual Report Download - page 263

Section 6.01(c) for each fiscal month ending on or after June 30, 2010, an Intercompany Debt Report for such fiscal month.”
1.4 Section 6.15 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
“6.15 Conference Calls. The Borrowers shall conduct a conference call on the second Tuesday of every month or as soon as
practicable thereafter (commencing with the first such Tuesday following the Petition Date) with the Administrative Agent, the Lenders, the
Financial Advisor and the “Consenting Lenders” party to the Plan Support Agreement, for the purpose of discussing, inter alia, the most
recently delivered financial statements, the Debtors’ financial performance, operations, current trends and other material events.”
1.5 Section 7.04(b) of the Credit Agreement is hereby amended by adding the words “or Section 7.06(f)” at the end thereof immediately
before the “;”.
1.6 Section 7.06(c) of the Credit Agreement is hereby amended by adding a new proviso at the end thereof that reads as follows:
“ provided, further, that Logistics may make Intercompany Loans to FairPoint to the extent (but only to the extent) that (A)(x) FairPoint has
insufficient cash on hand to make a payment required to be made by FairPoint (and permitted to be made under the Credit Documents and
by the Bankruptcy Court) on behalf of itself or a Subsidiary (each, a “ Required FairPoint Payment”), (y) the amount of such
Intercompany Loan made to FairPoint by Logistics does not exceed the difference between the amount of such Required FairPoint Payment
and the amount of FairPoint’s cash on hand and (z) the proceeds received by FairPoint from any such Intercompany Loan made by
Logistics are immediately either (i) used by FairPoint to make such Required FairPoint Payment or (ii) deposited by FairPoint into a
disbursement account from which a check will be issued or a wire transfer will be made to the applicable payee in respect of such Required
FairPoint Payment; provided, that in the event such check is not issued or such wire transfer is not made to applicable payee within five
Business Days after deposit into such disbursement account, FairPoint shall immediately repay the amount of such Intercompany Loan (or
unused portion thereof) to Logistics or (B)(x) the proceeds from any such Intercompany Loans are immediately utilized to pay payroll,
expenses or other amounts on behalf of FairPoint or any of its Legacy Subsidiaries (in each case, to the extent such payments are (1)
permitted to be made under the Credit Documents and by the Bankruptcy Court and (2) made in the ordinary course of business and
consistent with past practice) (each, a “ FairPoint Ordinary Course Payment”), (y) the amount of any such Intercompany Loan does not
exceed the amount of the FairPoint Ordinary Course Payment to be made with the proceeds thereof and (z) within fifteen (15) days after
delivery of its Intercompany Debt Report pursuant to Section 6.01(k) for any fiscal period, FairPoint shall repay to Logistics all
Intercompany Loans in respect of FairPoint Ordinary Course Payments that were made during such fiscal period (or, to the
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