Supercuts 2008 Annual Report Download - page 225

reasonably be expected to have a Material Adverse Effect, any claim, proceeding or written notice from any Person regarding any Environmental
Law, Environmental Claim or Hazardous Material.
(d) There are no Hazardous Materials or other conditions or circumstances existing with respect to any property of the Company or any
Subsidiary, or arising from operations prior to the Effective Date, of the Company or any of its Subsidiaries that would reasonably be expected to
give rise to Environmental Claims with a potential liability of the Company and its Subsidiaries in excess of $5,000,000 in the aggregate for all
such conditions, circumstances and properties. In addition, (i) neither the Company nor any Subsidiary has any underground storage tanks
(x) that are not properly registered or permitted under applicable Environmental Laws or (y) that are leaking or disposing of Hazardous Materials
off-site, and (ii) the Company and its Subsidiaries have met all material notification requirements under applicable Environmental Laws.
6.13 Labor Relations. There are no strikes, lockouts or other labor disputes against the Company or any of its Subsidiaries, or, to the
best of the Company's knowledge, threatened against or affecting the Company or any of its Subsidiaries, and no significant unfair labor practice
complaint is pending against the Company or any of its Subsidiaries or, to the best knowledge of the Company, threatened against any of them
before any Governmental Authority.
6.14 Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company"
within the meaning of the Investment Company Act of 1940. Neither the Company nor any Subsidiary is subject to regulation under the Federal
Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to
incur Indebtedness.
6.15 No Burdensome Restrictions. Neither the Company nor any Subsidiary is a party to or bound by any Contractual Obligation, or
subject to any restriction in any Organization Document, or any Requirement of Law, which could reasonably be expected to have a Material
Adverse Effect.
6.16 Copyrights, Patents, Trademarks and Licenses, etc. The Company and its Subsidiaries own or are licensed or otherwise have the
right to use all of the patents, trademarks, service marks, trade names, copyrights, contractual franchises, authorizations and other rights that are
reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge
of the Company, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now
contemplated to be employed, by the Company or any Subsidiary infringes upon any rights held by any other Person. No claim or litigation
regarding any of the foregoing is pending or threatened, and no patent, invention, device, application, principle or any statute, law, rule,
regulation, standard or code is pending or, to the knowledge of the Company, proposed, which, in either case, could reasonably be expected to
have a Material Adverse Effect.
6.17 Subsidiaries. As of the Effective Date, the Company has no Subsidiaries other than those specifically disclosed in part (a) of
Schedule 6.17 and has no equity investments in any other corporation or entity other than those specifically disclosed in part (b) of
Schedule 6.17.
6.18 Insurance. The properties of the Company and its Subsidiaries are insured with financially sound and reputable insurance
companies not Affiliates of the Company in such amounts, with such deductibles and covering such risks as are customarily carried by
companies engaged in similar businesses and are similarly situated.
6.19 Swap Obligations. Neither the Company nor any of its Subsidiaries has incurred any outstanding obligations under any Swap
Contract, other than Permitted Swap Obligations. The Company has undertaken its own independent assessment of its consolidated assets,
liabilities and commitments and has considered appropriate means of mitigating and managing risks associated with
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