Supercuts 2008 Annual Report Download - page 187

discharge of any such primary obligation, or to maintain working capital or equity capital of the primary obligor or otherwise to maintain the net
worth or solvency or any balance sheet item, level of income or financial condition of the primary obligor, (iii) to purchase property, securities or
services primarily for the purpose of assuring the owner of any such primary obligation of the ability of the primary obligor to make payment of
such primary obligation, or (iv) otherwise to assure or hold harmless the holder of any such primary obligation against loss in respect thereof
(each, a " Guaranty Obligation "); (b) with respect to any Surety Instrument issued for the account of that Person or as to which that Person is
otherwise liable for reimbursement of drawings or payments; (c) to purchase any materials, supplies or other property from, or to obtain the
services of, another Person if the relevant contract or other related document or obligation requires that payment for such materials, supplies or
other property, or for such services, shall be made regardless of whether delivery of such materials, supplies or other property is ever made or
tendered, or such services are ever performed or tendered; or (d) in respect of any Swap Contract. The amount of any Contingent Obligation,
(x) in the case of Guaranty Obligations, shall be deemed equal to the stated or determinable amount of the primary obligation in respect of which
such Guaranty Obligation is made or, if not stated or if indeterminable, the maximum reasonably anticipated liability in respect thereof, (y) in the
case of Contingent Obligations in respect of Swap Contracts, shall be deemed equal to the aggregate Swap Termination Value of such Swap
Contracts, and (z) in the case of other Contingent Obligations shall be deemed equal to the maximum reasonably anticipated liability in respect
thereof.
" Contractual Obligation " means, as to any Person, any provision of any security issued by such Person or of any agreement, undertaking,
contract, indenture, mortgage, deed of trust or other instrument, document or agreement to which such Person is a party or by which it or any of
its property is bound.
" Conversion/Continuation Date " means any date on which, under Section 2.04 , the Company (a) converts Loans of one Type to another
Type, or (b) continues as Loans of the same Type, but with a new Interest Period, Loans having Interest Periods expiring on such date.
" Credit Extension " means (a) the making of any Loan and (b) the Issuance of any Letter of Credit.
" Default " means any event or circumstance which, with the giving of notice, the lapse of time, or both, would (if not cured or otherwise
remedied during such time) constitute an Event of Default.
" Default Rate "—see Section 2.10 .
" Designated Offshore Currency " means Euros, pounds sterling and Canadian Dollars.
" Dollar Equivalent " means, at any time, (a) as to any amount denominated in Dollars, the amount thereof at such time, and (b) as to any
amount denominated in an Offshore Currency, the equivalent amount in Dollars as determined by the Administrative Agent at such time on the
basis of the Spot Rate for the purchase of Dollars with such Offshore Currency on the most recent Computation Date provided for in
subsection 2.06(a) .
" Dollars ", " dollars " and " $ " each mean lawful money of the United States.
" Domestic Subsidiary " means any Subsidiary of the Company that is organized under the laws of the United States or any state thereof.
" EBITDA
" means, for any period, for the Company and its Subsidiaries on a consolidated basis, determined in accordance with GAAP, the
sum of (a) net income (or net loss) for such period, excluding any extraordinary non-cash gains or losses during such period ( provided that the
net income of any Person that is not a Subsidiary of the Company shall be included in the consolidated net income of the Company only to the
extent of the amount of cash dividends or distributions paid by such Person to the Company or to a consolidated Subsidiary of the Company),
plus
(b) to the extent included in the determination of such net income (or net loss), (i) all amounts treated as expenses for depreciation
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