Contract
Exhibit 4.1
SEVENTH SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of January 24, 2015, among Fiber Technologies Solutions, LLC., a Delaware limited liability company (the “Guaranteeing Subsidiary”), a subsidiary of Dycom Investments, Inc., a Delaware corporation (the “Company”), the Company, the other Guarantors (as defined in the Indenture referred to herein) and U.S. Bank National Association, as trustee under the Indenture referred to below (the “Trustee”).
WHEREAS, the Company and the other Guarantors have heretofore executed and delivered to the Trustee an indenture, dated as of January 21, 2011 (the “Indenture”), providing for the issuance of 7.125% Senior Subordinated Notes due 2021 (the “Notes”);
under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.
4. NEW YORK LAW TO GOVERN. THE INTERNAL LAW OF THE STATE OF NEW YORK SHALL GOVERN AND BE USED TO CONSTRUE THIS SUPPLEMENTAL INDENTURE.
[SIGNATURE PAGES FOLLOW]
FIBER TECHNOLOGIES SOLUTIONS, LLC | ||
By: | /s/ H. Xxxxxx XxXxxxxxx | |
Name: H. Xxxxxx XxXxxxxxx | ||
Title: Treasurer |
DYCOM INVESTMENTS, INC. | ||
By: | /s/ H. Xxxxxx XxXxxxxxx | |
Name: H. Xxxxxx XxXxxxxxx | ||
Title: Treasurer |
ANSCO & ASSOCIATES, LLC | ||
APEX DIGITAL, LLC | ||
BLAIR PARK SERVICES, LLC | ||
BROADBAND EXPRESS, LLC | ||
BROADBAND INSTALLATION SERVICES, LLC | ||
C-2 UTILITY CONTRACTORS, LLC | ||
CABLE CONNECTORS, LLC | ||
CABLECOM, LLC | ||
CABLECOM OF CALIFORNIA, INC. | ||
CAN-AM COMMUNICATIONS, INC. | ||
CAVO BROADBAND COMMUNICATIONS, LLC | ||
CCLC, INC. | ||
CERTUSVIEW LEASING, LLC | ||
CMI SERVICES, INC. | ||
COMMUNICATION SERVICES, LLC | ||
COMMUNICATIONS CONSTRUCTION GROUP, LLC | ||
DYCOM CAPITAL MANAGEMENT, INC. | ||
DYCOM CORPORATE IDENTITY, INC. | ||
DYCOM IDENTITY, LLC | ||
E A TECHNICAL SERVICES, INC. | ||
ENGINEERING ASSOCIATES, INC. | ||
XXXXX CABLE CONSTRUCTION, LLC | ||
GLOBE COMMUNICATIONS, LLC | ||
GOLDEN STATE UTILITY CO. | ||
XXX X. XXXXX COMPANY, LLC | ||
KANAAN COMMUNICATIONS, LLC | ||
XXXXXXX’X CABLE SPLICING COMPANY, LLC | ||
LOCATING, INC. | ||
NEOCOM SOLUTIONS, INC. | ||
NEOCOM SOLUTIONS HOLDINGS, LLC | ||
XXXXXXX CONSTRUCTION, LLC | ||
XXXXX XXXXX SONS COMPANY, LLC | ||
NORTH SKY COMMUNICATIONS, INC. | ||
PARKSIDE SITE & UTILITY COMPANY CORPORATION | ||
PARKSIDE UTILITY CONSTRUCTION, LLC | ||
XXXXXX CONSTRUCTION INC. | ||
PBG ACQUISITION III, LLC | ||
POINT TO POINT COMMUNICATIONS, INC. | ||
PRECISION VALLEY COMMUNICATIONS OF VERMONT, LLC | ||
PRINCE TELECOM, LLC | ||
PROFESSIONAL TELECONCEPTS, INC. | ||
PROFESSIONAL TELECONCEPTS, INC. | ||
RJE TELECOM, LLC | ||
SAGE TELECOMMUNICATIONS CORP. OF COLORADO, LLC | ||
SPECTRUM WIRELESS SOLUTIONS, INC. | ||
STAR CONSTRUCTION, LLC | ||
XXXXXXX COMMUNICATIONS, LLC | ||
S.T.S., LLC | ||
TCS COMMUNICATIONS, LLC | ||
TESINC, LLC | ||
XXXXXX & XXXXXXXXX UTILITY SERVICES, LLC | ||
XXXXXXX CONSTRUCTION COMPANY, INC. | ||
TRIPLE-D COMMUNICATIONS, LLC | ||
U G T I | ||
UNDERGROUND SPECIALTIES, LLC | ||
UTILIQUEST, LLC | ||
VCI CONSTRUCTION, INC. | ||
VCI UTILITY SERVICES HOLDINGS, LLC | ||
WHITE MOUNTAIN CABLE CONSTRUCTION, LLC | ||
By: | /s/ H. Xxxxxx XxXxxxxxx | |
Name: H. Xxxxxx XxXxxxxxx | ||
Title: Treasurer |
MIDTOWN EXPRESS, LLC | ||
By: | /s/ Xxxxxxx X. Xxxxx | |
Name: Xxxxxxx X. Xxxxx | ||
Title: President |
OSP SERVICES, LLC | ||
By: | /s/ Xxxxxx X. Xxxxxx | |
Name: Xxxxxx X. Xxxxxx | ||
Title: President |
VCI UTILITY SERVICES, INC. | ||
By: | /s/ Xxxxx X. Xxxxxx | |
Name: Xxxxx X. Xxxxxx | ||
Title: President |
DYCOM INDUSTRIES, INC. | ||
By: | /s/ H. Xxxxxx XxXxxxxxx | |
Name: H. Xxxxxx XxXxxxxxx | ||
Title: Senior Vice President and Chief Financial Officer |
U.S. BANK NATIONAL ASSOCIATION, as Trustee | ||
By: | /s/ Xxxxxxxxx Xxx | |
Authorized Signatory |