Supercuts 2008 Annual Report Download - page 189

costs, restitution, civil or criminal penalties, injunctive relief, or other type of relief, resulting from or based upon the presence, placement,
discharge, emission or release (including intentional and unintentional, negligent and non-negligent, sudden or non-sudden, accidental or non-
accidental, placements, spills, leaks, discharges, emissions or releases) of any Hazardous Material at, in, or from any property, whether or not
owned by the Company or any Subsidiary or taken as collateral, or in connection with any operations of the Company.
" Environmental Laws " means all federal, state or local laws, statutes, common law duties, rules, regulations, ordinances and codes,
together with all administrative orders, directed duties, requests, licenses, authorizations and permits of, and agreements with, any Governmental
Authority, in each case relating to environmental, health, safety and land use matters, including the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (" CERCLA "), the Clean Air Act, the Federal Water Pollution Control Act of 1972, the Solid Waste
Disposal Act, the Federal Resource Conservation and Recovery Act, the Toxic Substances Control Act, and the Emergency Planning and
Community Right-to-Know Act.
" Environmental Permits " has the meaning specified in subsection 6.12(b) .
" ERISA " means the Employee Retirement Income Security Act of 1974.
" ERISA Affiliate " means any trade or business (whether or not incorporated) under common control with the Company within the meaning
of Section 414(b) or (c) of the Code (and Sections 414(m) and (o) of the Code for purposes of provisions relating to Section 412 of the Code).
" ERISA Event " means (a) a Reportable Event with respect to a Pension Plan; (b) a withdrawal by the Company or any ERISA Affiliate
from a Pension Plan subject to Section 4063 of ERISA during a plan year in which the Company or such ERISA Affiliate was a substantial
employer (as defined in Section 4001(a)(2) of ERISA) or a cessation of operations which is treated as such a withdrawal under Section 4062(e)
of ERISA; (c) a complete or partial withdrawal by the Company or any ERISA Affiliate from a Multiemployer Plan or notification that a
Multiemployer Plan is in reorganization; (d) the filing of a notice of intent to terminate, the treatment of a Plan amendment as a termination
under Section 4041 or 4041A of ERISA, or the commencement of proceedings by the PBGC to terminate a Pension Plan or Multiemployer Plan;
(e) an event or condition which might reasonably be expected to constitute grounds under Section 4042 of ERISA for the termination of, or the
appointment of a trustee to administer, any Pension Plan or Multiemployer Plan; or (f) the imposition of any liability to the PBGC under Title IV
of ERISA, other than PBGC premiums due but not delinquent under Section 4007 of ERISA, upon the Company or any ERISA Affiliate.
" Euro " means the single currency of participating member states of the European Monetary Union.
" Eurodollar Reserve Percentage " has the meaning specified in the definition of "Offshore Rate".
" Event of Default " means any event or circumstance specified in Section 9.01 .
" Exchange Act " means the Securities Exchange Act of 1934.
" Existing Credit Agreement " means the Third Amended and Restated Credit Agreement dated as of April 7, 2005 among the Company,
various financial institutions and Bank of America, N.A., as administrative agent.
" Existing Letters of Credit " means the outstanding letters of credit previously issued under the Existing Credit Agreement and set forth on
Schedule 1.01(b) .
" Federal Funds Rate " means, for any day, the weighted average (rounded upwards, if necessary, to the next 1/100 of 1%) of the rates on
overnight Federal funds transactions with members of the Federal Reserve System arranged by Federal funds brokers, as published on the next
succeeding Business Day
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