0001193125-14-259194.txt : 20140702 0001193125-14-259194.hdr.sgml : 20140702 20140702161534 ACCESSION NUMBER: 0001193125-14-259194 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20140701 ITEM INFORMATION: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20140702 DATE AS OF CHANGE: 20140702 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FAIRPOINT COMMUNICATIONS INC CENTRAL INDEX KEY: 0001062613 STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE COMMUNICATIONS (NO RADIO TELEPHONE) [4813] IRS NUMBER: 133725229 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32408 FILM NUMBER: 14956654 BUSINESS ADDRESS: STREET 1: 521 EAST MOREHEAD ST STREET 2: STE 250 CITY: CHARLOTTE STATE: NC ZIP: 28202 BUSINESS PHONE: 7043448150 MAIL ADDRESS: STREET 1: 521 EAST MOREHEAD ST STREET 2: STE 250 CITY: CHARLOTTE STATE: NC ZIP: 28202 FORMER COMPANY: FORMER CONFORMED NAME: MJD COMMUNICATIONS INC DATE OF NAME CHANGE: 19980527 8-K 1 d754246d8k.htm FORM 8-K Form 8-K

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 8-K

 

 

CURRENT REPORT

Pursuant to Section 13 or 15(d)

of The Securities Exchange Act of 1934

Date of Report (Date of earliest event reported) July 1, 2014

 

 

FairPoint Communications, Inc.

(Exact name of registrant as specified in its charter)

 

 

 

Delaware   001-32408   13-3725229

(State or other jurisdiction

of incorporation)

  

(Commission

File Number)

  

(IRS Employer

Identification No.)

 

521 East Morehead Street,  
Suite 500,  
Charlotte, North Carolina   28202
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code (704) 344-8150

N/A

(Former name or former address, if changed since last report.)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2.):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 

Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

(e) On July 1, 2014, FairPoint Communications, Inc. (the “Company”) and Kenneth W. Amburn, the Company’s Executive Vice President, Operations, entered into an amendment (the “Amendment”) to Mr. Amburn’s Employment Agreement dated July 1, 2011 (the “Employment Agreement”) to extend the term thereof through December 31, 2015, unless terminated sooner or renewed as provided in the Employment Agreement. The Amendment provides that all other terms and conditions of the Employment Agreement remain in full force and effect.

The foregoing description of the Amendment is qualified in its entirety by reference to the Amendment, a copy of which is attached as Exhibit 10.1 to this Current Report on Form 8-K. A copy of the Employment Agreement was previously filed with the Securities and Exchange Commission on March 5, 2014 as Exhibit 10.16 to the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2013 and is incorporated herein by reference.

 

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

 

Exhibit
Number

   

Description

10.1    First Amendment to July 1, 2011 Employment Agreement, effective as of July 1, 2014, by and between FairPoint Communications, Inc. and Kenneth W. Amburn

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

FAIRPOINT COMMUNICATIONS, INC.
By:  

/s/ Shirley J. Linn

  Name:   Shirley J. Linn
  Title:   Executive Vice President and General Counsel

Date: July 2, 2014

EXHIBIT INDEX

 

Exhibit
Number

   

Description

10.1    First Amendment to July 1, 2011 Employment Agreement, effective as of July 1, 2014, by and between FairPoint Communications, Inc. and Kenneth W. Amburn
 EX-10.1 2 d754246dex101.htm EX-10.1 EX-10.1

Exhibit 10.1

FIRST AMENDMENT TO JULY 1, 2011 EMPLOYMENT AGREEMENT

FAIRPOINT COMMUNICATIONS, INC.

WHEREAS, FairPoint Communications, Inc. (the “Company”) has heretofore entered into an Employment Agreement dated July 1, 2011 (the “Agreement”) by and between Kenneth W. Amburn (the “Executive”) and the Company and the parties thereto desire to amend the Agreement in the manner set forth below.

NOW, THEREFORE, the undersigned parties to the Agreement agree that the Agreement shall be amended as follows, and that there is mutual, adequate and lawful consideration the receipt of which each acknowledges through execution of this First Amendment.

 

  1. The Term of Employment as defined in Section 2 of the Agreement shall continue through December 31, 2015, unless terminated sooner or renewed as provided in the Agreement.

 

  2. Except as specifically provided above, all terms and conditions of the Agreement shall remain in full force and effect.

Wherefore, the parties hereto agree to this First Amendment, with the foregoing changes being effective as of July 1, 2014.

 

FAIRPOINT COMMUNICATIONS, INC.

/s/ Paul H. Sunu

By:   Paul H. Sunu
Title:   Chief Executive Officer
EXECUTIVE

/s/ Kenneth W. Amburn

Kenneth W. Amburn