OF TWENTY-ONE (21) DAYS TO REVIEW AND CONSIDER THIS AGREEMENT. EXECUTIVE IS
HEREBY ADVISED TO CONSULT WITH AN ATTORNEY PRIOR TO EXECUTING THE AGREEMENT. BY
HIS SIGNATURE BELOW, EXECUTIVE WARRANTS THAT HE HAS HAD THE OPPORTUNITY TO DO SO
AND TO BE FULLY AND FAIRLY ADVISED BY THAT LEGAL COUNSEL AS TO THE TERMS OF THE
AGREEMENT. EXECUTIVE FURTHER WARRANTS THAT HE UNDERSTANDS THAT HE MAY USE AS
MUCH OR ALL OF HIS 21-DAY PERIOD AS HE WISHES BEFORE SIGNING, AND WARRANTS THAT
HE HAS DONE SO.
(B)
EXECUTIVE FURTHER WARRANTS THAT HE
UNDERSTANDS THAT HE HAS SEVEN (7) DAYS AFTER SIGNING THIS AGREEMENT TO REVOKE
THE AGREEMENT BY NOTICE IN WRITING TO JED W. BRICKNER, LATHAM & WATKINS, 885
THIRD AVENUE, SUITE 1000, NEW YORK, N.Y. 10022. THIS AGREEMENT SHALL BE BINDING,
EFFECTIVE, AND ENFORCEABLE UPON BOTH PARTIES UPON THE EXPIRATION OF THIS
SEVEN-DAY REVOCATION PERIOD WITHOUT MR. BRICKNER HAVING RECEIVED SUCH
REVOCATION, BUT NOT BEFORE SUCH TIME.
[signature page follows]
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IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed
the foregoing on the dates shown below.
HAWAIIAN TELCOM HOLDCO, INC.
MICHAEL S. RULEY
By:
/s/ Alan M. Oshima
/s/ Michael S. Ruley
Print Name:
Alan M. Oshima
Date:
February 22, 2008
Title:
SVP, General Counsel & Secretary
Date:
February 25, 2008
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