Supercuts 2008 Annual Report Download - page 196

" Plan " means an employee benefit plan (as defined in Section 3(3) of ERISA) which the Company or any ERISA Affiliate sponsors or
maintains or to which the Company or any ERISA Affiliate makes, is making or is obligated to make contributions or otherwise has any liability
and includes any Pension Plan.
" Prime Rate " means the rate of interest per annum publicly announced from time to time by JPMorgan Chase Bank as its prime rate in
effect at its office located at 270 Park Avenue, New York, New York; each change in the Prime Rate shall be effective from and including the
date such change is publicly announced as being effective.
" Pro Rata Share " means, as to any Lender, (a) at any time at which the Aggregate Commitment remains outstanding, the percentage
equivalent (expressed as a decimal, rounded to the ninth decimal place) at such time of such Lender's Commitment divided by the Aggregate
Commitment, and (b) after the termination of the Aggregate Commitment, the percentage equivalent (expressed as a decimal, rounded to the
ninth decimal place) at such time of the Effective Amount of such Lender's outstanding Loans (including such Lender's ratable share of
outstanding Swing Line Loans and L/C Obligations) divided by the aggregate Effective Amount of the outstanding Loans and L/C Obligations
of all of the Lenders.
" Rate Swap Documents " means, collectively, all Swap Contracts entered into between the Company and any Lender or any Affiliate of a
Lender in respect of any portion of the Obligations.
" Related Parties " means, with respect to any specified Person, such Person's Affiliates and the respective directors, officers, employees,
agents and advisors of such Person and such Person's Affiliates.
" Rental Expense " means, for any period, the sum of (a) all store rental payments, (b) all common area maintenance payments and (c) all
real estate taxes paid by the Company and its Subsidiaries, in each case, with respect to non-franchised store locations.
" Reportable Event
" means any of the events set forth in Section 4043(c) of ERISA or the regulations thereunder, other than any such event
for which the 30-day notice requirement under ERISA has been waived in regulations issued by the PBGC.
" Required Lenders " means at any time Lenders then holding more than 50% of the Aggregate Commitment (or if the Aggregate
Commitment has been terminated, then the Effective Amount of outstanding Revolving Loans and Swing Line Loans, plus the Effective Amount
of L/C Obligations).
" Requirement of Law " means, as to any Person, any law (statutory or common), treaty, rule or regulation or determination of an arbitrator
or of a Governmental Authority, in each case applicable to or binding upon such Person or any of its property or to which the Person or any of its
property is subject.
" Responsible Officer " means the chief financial officer of the Company or any other officer having substantially the same authority and
responsibility.
" Revolving Loan " has the meaning specified in Section 2.01 .
" Same Day Funds " means (a) with respect to disbursements and payments in Dollars, immediately available funds, and (b) with respect to
disbursements and payments in an Offshore Currency, same day or other funds as may be determined by the Administrative Agent to be
customary in the place of disbursement or payment for the settlement of international banking transactions in the relevant Offshore Currency.
" SEC " means the Securities and Exchange Commission, or any Governmental Authority succeeding to any of its principal functions.
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