Supercuts 2008 Annual Report Download - page 183

FOURTH AMENDED AND RESTATED CREDIT AGREEMENT
This FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this " Agreement ") is entered into as of July 12, 2007 among
Regis Corporation, a Minnesota corporation (the " Company "), the several financial institutions from time to time party to this Agreement
(collectively, the " Lenders ", and individually each a " Lender ") and JPMorgan Chase Bank, N.A. (" JPMorgan "), as administrative agent for
the Lenders (together with any successor thereto in such capacity, the " Administrative Agent ").
WHEREAS, the Lenders are willing to extend commitments to make loans to, and issue or participate in letters of credit for the account of,
the Company on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual agreements contained herein and for other good and valuable consideration, the receipt
of which is hereby acknowledged, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
1.01 Certain Defined Terms. The following terms have the following meanings:
" Acquired Person "—see the definition of "EBITDA".
" Acquisition " means any transaction or series of related transactions for the purpose of or resulting, directly or indirectly, in (a) the
acquisition of all or substantially all of the assets of a Person, or of any business or division of a Person, (b) the acquisition of in excess of 50%
of the capital stock, partnership interests, membership interests or equity of any Person, or otherwise causing any Person to become a Subsidiary,
or (c) a merger or consolidation or any other combination with another Person (other than a Person that is a Subsidiary) provided that the
Company or the Subsidiary is the surviving entity.
" Additional Default " means any provision contained in any document or instrument creating or evidencing Indebtedness of the Company
or any Subsidiary that permits the holder or holders of Indebtedness to accelerate (with the passage of time or giving of notice or both) the
maturity thereof or otherwise requires the Company or any Subsidiary to purchase such Indebtedness prior to the stated maturity thereof and that
either (i) is similar to Defaults and Events of Default hereunder (or the related definitions in this Article I ), but contains one or more
percentages, amounts or formulas that is more restrictive or has a shorter grace period than those set forth herein or is more beneficial to the
holders of such other Indebtedness (and such provision shall be deemed an Additional Default only to the extent that it is more restrictive, has a
shorter period or is more beneficial) or (ii) is different from the subject matter of the Defaults and Events of Default hereunder (or the related
definitions in this Article I ).
" Additional Financial Covenant " means any financial covenant applicable to the Company or any Subsidiary (regardless of whether such
provision is labeled or otherwise characterized as a financial covenant), the subject matter of which either (i) is similar to that of the covenants in
Sections 8.14 through 8.16 (or the related definitions in this Article I ), but contains one or more percentages, amounts or formulas that is more
restrictive, or more favorable to the Persons entitled to the benefits thereof, than those set forth herein or more beneficial to the holder or holders
of the Indebtedness created or evidenced by the document in which such covenant or similar restriction is contained (and such covenant or
similar restriction shall be deemed an Additional Financial Covenant only to the extent that it is more restrictive or more beneficial) or (ii) is a
financial covenant that is different from the subject matter of the covenants in Sections 8.14 through 8.16 .
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