Supercuts 2008 Annual Report Download - page 198

" Swing Line Lender " means JPMorgan, in its capacity as the provider of Swing Line Loans.
" Swing Line Loan " means a Loan made by the Swing Line Lender.
" Syndication Agent " means Bank of America, N.A. in its capacity as syndication agent for the Lenders hereunder.
" Taxes " means any and all present or future taxes, levies, assessments, imposts, duties, deductions, fees, withholdings or similar charges,
and all liabilities with respect thereto, excluding, in the case of each Lender and the Administrative Agent, respectively, taxes imposed on or
measured by its net income by the jurisdiction (or any political subdivision thereof) under the laws of which such Lender or the Administrative
Agent, as the case may be, is organized or maintains a Lending Office.
" Termination Date " means the earlier to occur of:
(a) July 12, 2012; and
(b)
the date on which the Aggregate Commitment terminates in accordance with the provisions of this Agreement.
A " Type " of Loan means its status as either a Base Rate Loan or an Offshore Rate Loan.
" Unfunded Pension Liability " means the excess of a Plan's benefit liabilities under Section 4001(a)(16) of ERISA, over the current value
of that Plan's assets, determined in accordance with the assumptions used for funding the Pension Plan pursuant to Section 412 of the Code for
the applicable plan year.
" United States " and " U.S. " each means the United States of America.
" Wholly-Owned
" means any corporation, association, partnership, limited liability company, joint venture or other business entity in which
(other than directors' qualifying shares or other immaterial local ownership required by law) 100% of the equity interests of each class having
ordinary voting power, and 100% of the equity interests of every other class, in each case, at the time as of which any determination is being
made, is owned, beneficially and of record, by the Company, or by one or more of the other Wholly-Owned Subsidiaries, or both.
1.02 Other Interpretive Provisions. (a) The meanings of defined terms are equally applicable to the singular and plural forms of the
defined terms.
(b) The words "hereof", "herein", "hereunder" and similar words refer to this Agreement as a whole and not to any particular provision of
this Agreement; and subsection, Section, Schedule and Exhibit references are to this Agreement unless otherwise specified.
(c) (i) The term "documents" includes any and all instruments, documents, agreements, certificates, indentures, notices and other writings,
however evidenced.
(ii) The term "including" is not limiting and means "including without limitation."
(iii) In the computation of periods of time from a specified date to a later specified date, the word "from" means "from and
including"; the words "to" and "until" each mean "to but excluding", and the word "through" means "to and including."
(iv) The term "property" includes any kind of property or asset, real, personal or mixed, tangible or intangible.
(d) Unless otherwise expressly provided herein, (i) references to agreements (including this Agreement) and other contractual instruments
shall be deemed to include all subsequent amendments and other modifications thereto, but only to the extent such amendments and other
modifications are not prohibited by the terms of any Loan Document, (ii) references to any statute or regulation are to
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