FairPoint Communications 2009 Annual Report Download - page 272

1 on Form 10-Q/A for the quarterly period ended September 30, 2009 filed with the Securities and Exchange Commission on April 30,
2010.”
1.3 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 (x) with respect to the quarterly accounting period ended December 31, 2009, such
period shall be extended to March 30, 2010 and (y) with respect to the quarterly accounting period ended March 31, 2010, such period shall
be extended to June 15, 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 FairPoint, subject to changes resulting from audit and normal
year-end audit adjustments.”
1.4 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 (i) 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 March 30, 2010),
(ii) with respect to the fiscal month ended January 31, 2010, such 30 day period shall be extended to March 30, 2010, (iii) with respect to
the fiscal month ended February 28, 2010, such 30 day period shall be extended to April 15, 2010, (iv) with respect to the fiscal month
ended March 31, 2010, such 30 day period shall be extended to May 15, 2010 and (v) with respect to the fiscal month ended April 30,
2010, such 30 day period shall be extended to June 15, 2010), 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
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