EXHIBIT 99.1
AMENDMENT NO. 1
TO
SPRINT/UBIQUITEL FORBEARANCE
AGREEMENT
THIS AMENDMENT NO. 1 (this
“Amendment”), dated as of December 2, 2005
(“effective date”), to the SPRINT/UBIQUITEL
FOREBEARANCE AGREEMENT (the “Forbearance Agreement”),
dated as of July 29, 2005, by and among SPRINT CORPORATION,
SPRINT SPECTRUM L.P., WIRELESSCO L.P., SPRINT COMMUNICATIONS
COMPANY L.P., SPRINT TELEPHONY PCS, L.P., AND SPRINT PCS LICENSE,
L.L.C. (collectively, “Sprint”) and UBIQUITEL INC. and
UBIQUITEL OPERATING COMPANY (collectively,
“UbiquiTel”). Capitalized terms used but not
defined in this Amendment have the meanings assigned to them in the
Forbearance Agreement.
RECITALS
A.
The parties have previously executed
the Forbearance Agreement.
B.
The parties to this Amendment are
parties to that certain action pending in the Court of Chancery of
the State of Delaware (the “Court”) relating to the
Complaint (the “Action”).
C.
The parties desire to amend the
Forbearance Agreement as set forth in this Amendment.
NOW THEREFORE, in consideration of
the mutual promises contained in this Amendment, the parties agree
as follows:
1.
Amendments
.
(a)
Section 4.1 of the Forbearance
Agreement is superseded and rep
