-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, O4txfrFaNrkS2uLeqoMnfEp3QY7OBE2xKIKYmk5KhRdquAzKOZc5s95tI5J+bIgi BGDOPOZ/3JRdqercxIsgfw== 0000876661-09-000437.txt : 20091116 0000876661-09-000437.hdr.sgml : 20091116 20091116154256 ACCESSION NUMBER: 0000876661-09-000437 CONFORMED SUBMISSION TYPE: 25-NSE/A PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20091116 DATE AS OF CHANGE: 20091116 EFFECTIVENESS DATE: 20091116 SUBJECT COMPANY: 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: 25-NSE/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-32408 FILM NUMBER: 091186510 BUSINESS ADDRESS: STREET 1: 521 EAST MOREHEAD ST STREET 2: STE 250 CITY: CHARLOTTE STATE: NC ZIP: 28202 BUSINESS PHONE: 7043448150 FORMER COMPANY: FORMER CONFORMED NAME: MJD COMMUNICATIONS INC DATE OF NAME CHANGE: 19980527 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: NEW YORK STOCK EXCHANGE INC CENTRAL INDEX KEY: 0000876661 IRS NUMBER: 000000000 STATE OF INCORPORATION: NY FILING VALUES: FORM TYPE: 25-NSE/A BUSINESS ADDRESS: STREET 1: 11 WALL STREET CITY: NEW YORK STATE: NY ZIP: 10005 BUSINESS PHONE: 212-656-2060 MAIL ADDRESS: STREET 1: 11 WALL STREET CITY: NEW YORK STATE: NY ZIP: 10005 25-NSE/A 1 primary_doc.xml X0203 0000876661 NEW YORK STOCK EXCHANGE INC 1062613 FAIRPOINT COMMUNICATIONS INC 001-32408
521 East Morehead Street Suite 250 Charlotte NC NORTH CAROLINA 28202
(704) 344-8150
Common Stock 17 CFR 240.12d2-2(b) Edwin Mecabe Director 2009-11-16
EX-99.25 2 frp.txt NOTIFICATION OF THE REMOVAL FROM LISTING AND REGISTRATION OF THE STATED SECURITIES New York Stock Exchange LLC (the ?Exchange? or the ?NYSE?) hereby notifies the SEC of its intention to remove the entire class of Common Stock (the ?Common Stock?) of Fairpoint Communications Inc. (the ?Company?) from listing and registration on the Exchange at the opening of business on November 27, 2009, pursuant to the provisions of Rule 12d2-2(b), because, in the opinion of the Exchange, the Common Stock is no longer suitable for continued listing and trading on the Exchange. The Exchange?s action is being taken in view of the Company?s October 26, 2009, announcement that the Company and all of its subsidiaries have filed voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York. The company had previously fallen below the NYSE?s continued listing standard for average closing price of less than $1.00 over a consecutive 30 trading day period, as well as average global market capitalization over a consecutive 30 trading day period of at least $75 million and was in the process of submitting business plan materials for our review. 1. The Exchange?s Listed Company Manual (the ?LCM?), subsection 802.01D (Bankruptcy and/or Liquidation), states that the Exchange would normally give consideration to suspending or removing from the list a security of a company when an ?intent to file under any of the sections of the bankruptcy law has been announced or a filing has been made or liquidation has been authorized and the company is committed to proceed.? 2. The Exchange, on October 26, 2009, determined that the Common Stock of the Company should be suspended immediately from trading, and directed the preparation and filing with the Commission of this application for the removal of the Common Stock from listing and registration on the Exchange. The Company was notified by letter on October 26, 2009. 3. Pursuant to the above authorization, a press release was immediately issued and an announcement was made on the ?ticker? of the Exchange at the opening and at the close of the trading session on October 26, 2009 of the suspension of trading in the Common Stock. Similar information was included on the Exchange?s website. 4. The Company had a right to appeal to the Committee for Review of the Board of Directors of NYSE Regulation the determination to delist its Common Stock, provided that it filed a written request for such a review with the Secretary of the Exchange within ten business days of receiving notice of delisting determination. On October 26, 2009, the Company stated in its Form 8-K that it does not intend to contest the suspension or delisting.
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