Supercuts 2008 Annual Report Download - page 193

" Lender " has the meaning specified in the introductory clause hereto. References to the "Lenders" shall include each financial institution
acting as an Issuer and the Swing Line Lender; for purposes of clarification only, to the extent such Person may have any rights or obligations in
addition to those of the Lenders due to its status as an Issuer or as Swing Line Lender, respectively, its status as such will be specifically
referenced.
" Lending Office " means, as to any Lender, the office or offices, branches, subsidiaries or affiliates of such Lender specified as its
applicable lending office in such Lender's Administrative Questionnaire, or such other office or offices, branches, subsidiaries or affiliates as
such Lender may from time to time notify the Company and the Administrative Agent.
" Letters of Credit " means (a) each Existing Letter of Credit, and (b) any standby or commercial letter of credit Issued by JPMorgan
pursuant to Article III on or after the date of this Agreement.
" Leverage Ratio " means, as of any date of determination, the ratio of (a) all Funded Debt of the Company and its Subsidiaries determined
on a consolidated basis as of such date to (b) EBITDA for the period of four fiscal quarters ending on such date.
" Lien " means any security interest, mortgage, deed of trust, pledge, hypothecation, assignment, charge or deposit arrangement,
encumbrance, lien (statutory or other) or preferential arrangement of any kind or nature whatsoever in respect of any property (including those
created by, arising under or evidenced by any conditional sale or other title retention agreement, the interest of a lessor under a capital lease, any
financing lease having substantially the same economic effect as any of the foregoing, or the filing of any financing statement naming the owner
of the asset to which such lien relates as debtor, under the Uniform Commercial Code or any comparable law) and any contingent or other
agreement to provide any of the foregoing, but not including the interest of a lessor under an operating lease.
" Loan " means an extension of credit by a Lender to the Company under Article II or Article III in the form of a Revolving Loan, Swing
Line Loan or L/C Advance.
" Loan Documents " means this Agreement, each Note, the Agent Fee Letter, the L/C-Related Documents, the Subsidiary Guaranty, the
Rate Swap Documents and all other documents delivered to the Administrative Agent or any Lender in connection herewith.
" Loan Parties " means, collectively, the Company and each Guarantor, and " Loan Party " means any of them.
" Margin Stock " means "margin stock" as such term is defined in Regulation T, U or X of the FRB.
" Material Adverse Effect " means (a) a material adverse change in, or a material adverse effect upon, the operations, business, assets,
liabilities (actual or contingent), condition (financial or otherwise) or prospects of the Company or the Company and its Subsidiaries taken as a
whole; (b) a material impairment of the ability of the Company or any Subsidiary to perform under any Loan Document to which it is a party; or
(c) a material adverse effect upon the legality, validity, binding effect or enforceability against the Company or any Subsidiary of any Loan
Document to which it is a party.
" Multiemployer Plan " means a "multiemployer plan", within the meaning of Section 4001(a)(3) of ERISA, to which the Company or any
ERISA Affiliate makes, is making or is obligated to make contributions or, during the preceding three calendar years, has made, or has been
obligated to make, contributions.
" Net Worth " means the consolidated shareholders' equity of the Company and its Subsidiaries as determined in accordance with GAAP.
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