Supercuts 2008 Annual Report Download - page 185

" Base Rate
" means, for any day, a rate per annum equal to the greater of (a) the Prime Rate in effect on such day and (b) the Federal Funds
Effective Rate in effect on such day plus
1
/ 2 of 1%. Any change in the Base Rate due to a change in the Prime Rate or the Federal Funds
Effective Rate shall be effective from and including the effective date of such change in the Prime Rate or the Federal Funds Effective Rate,
respectively.
" Base Rate Loan " means a Loan or an L/C Advance that bears interest based on the Base Rate.
" Borrowing
" means a borrowing hereunder consisting of Revolving Loans of the same Type made to the Company on the same day by the
Lenders under Article II and, in the case of Offshore Rate Loans, having the same Interest Period. The making of a Swing Line Loan shall not
constitute a Borrowing.
" Borrowing Date " means any date on which a Borrowing occurs under Section 2.03 .
" Business Day " means any day other than a Saturday, Sunday or other day on which commercial banks in Chicago, Illinois or New York,
New York are authorized or required by law to close, and (a) with respect to disbursements and payments in Dollars, a day on which dealings are
carried on in the applicable offshore Dollar interbank market and (b) with respect to disbursements and payments in and calculations pertaining
to any Offshore Currency Loan, a day on which commercial banks in London are open and dealings in the relevant Offshore Currency are
carried on in the applicable offshore foreign exchange interbank market in which disbursement of or payment in such Offshore Currency will be
made or received hereunder.
" Capital Adequacy Regulation " means any guideline, request or directive of any central bank or other Governmental Authority, or any
other law, rule or regulation, whether or not having the force of law, in each case, regarding capital adequacy of any bank or of any corporation
controlling a bank.
" Capital Lease " has the meaning specified in the definition of "Capital Lease Obligations".
" Capital Lease Obligations " means all monetary obligations of the Company or any of its Subsidiaries under any leasing or similar
arrangement which, in accordance with GAAP, is classified as a capital lease (a " Capital Lease ").
" Capital Stock " means (a) in the case of a corporation, corporate stock, (b) in the case of an association or business entity, any and all
shares, interests, participations, rights or other equivalents (however designated) of corporate stock, (c) in the case of a partnership or limited
liability company, partnership or membership interests (whether general or limited) and (d) any other interest or participation that confers on a
Person the right to receive a share of the profits and losses of, or distributions of assets of, the issuing Person.
" Cash Collateralize " means to pledge and deposit with or deliver to the Administrative Agent, for the benefit of the Administrative Agent,
the applicable Issuer and the Lenders, as additional collateral for the L/C Obligations, cash or deposit account balances pursuant to
documentation in form and substance satisfactory to the Administrative Agent and such Issuer (which documents are hereby consented to by the
Lenders). Derivatives of such term shall have corresponding meanings. The Company hereby grants the Administrative Agent, for the benefit of
the Administrative Agent, the Issuers and the Lenders, a security interest in all such cash and deposit account balances. Cash collateral shall be
maintained in blocked deposit accounts at JPMorgan. The Administrative Agent shall invest any and all available funds deposited in such deposit
accounts, within 10 Business Days after the date the relevant funds become available, in securities issued or fully guaranteed or insured by the
United States Government or any agency thereof backed by the full faith and credit of the United States having maturities of three months from
the date of acquisition thereof (collectively, " Governmental Obligations "). The Company hereby acknowledges and agrees that the
Administrative Agent shall not have any liability with respect to, and the Company hereby indemnifies the
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