Supercuts 2008 Annual Report Download - page 209

(b) Subject to the provisions set forth in the definition of "Interest Period" herein, whenever any payment is due on a day other than a
Business Day, such payment shall be made on the following Business Day, and such extension of time shall in such case be included in the
computation of interest or fees, as the case may be.
(c) Unless the Administrative Agent receives notice from the Company prior to the date on which any payment is due to the Lenders that
the Company will not make such payment in full as and when required, the Administrative Agent may assume that the Company has made such
payment in full to the Administrative Agent on such date in Same Day Funds and the Administrative Agent may (but shall not be so required), in
reliance upon such assumption, distribute to each Lender on such due date an amount equal to the amount then due such Lender. If and to the
extent the Company has not made such payment in full to the Administrative Agent, each Lender shall repay to the Administrative Agent on
demand such amount distributed to such Lender, together with interest thereon at the Federal Funds Rate or, in the case of a payment in an
Offshore Currency, the Overnight Rate, for each day from the date such amount is distributed to such Lender until the date repaid.
2.14 Payments by the Lenders to the Administrative Agent. (a) Unless the Administrative Agent receives notice from a Lender on or
prior to the Effective Date or, with respect to any Borrowing after the Effective Date, at least one Business Day prior to the date of such
Borrowing, that such Lender will not make available as and when required hereunder to the Administrative Agent for the account of the
Company the amount of that Lender's Pro Rata Share of the Borrowing, the Administrative Agent may assume that each Lender has made such
amount available to the Administrative Agent in Same Day Funds on the Borrowing Date and the Administrative Agent may (but shall not be so
required), in reliance upon such assumption, make available to the Company on such date a corresponding amount. If and to the extent any
Lender shall not have made its full amount available to the Administrative Agent in Same Day Funds and the Administrative Agent in such
circumstance has made available to the Company such amount, that Lender shall on the Business Day following such Borrowing Date make
such amount available to the Administrative Agent, together with interest at the Federal Funds Rate, or, in the case of a payment in an Offshore
Currency, the Overnight Rate, for each day during such period, together with any overdraft or similar costs incurred by the Administrative Agent
as the result of the failure of such Lender to make such funds available to the Administrative Agent. A notice of the Administrative Agent
submitted to any Lender with respect to amounts owing under this subsection (a) shall be conclusive absent manifest error. If such amount is so
made available, such payment to the Administrative Agent shall constitute such Lender's Revolving Loan on the date of Borrowing for all
purposes of this Agreement. If such amount is not made available to the Administrative Agent on the Business Day following the Borrowing
Date, the Administrative Agent will notify the Company of such failure to fund and, upon demand by the Administrative Agent, the Company
shall pay such amount to the Administrative Agent for the Administrative Agent's account, together with interest thereon for each day elapsed
since the date of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing.
(b) The failure of any Lender to make any Loan on any Borrowing Date shall not relieve any other Lender of any obligation hereunder to
make a Loan on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Loan to be made by
such other Lender on any Borrowing Date.
2.15 Sharing of Payments, Etc. If, other than as expressly provided elsewhere herein, any Lender shall obtain on account of the
Revolving Loans made by it any payment (whether voluntary, involuntary, through the exercise of any right of set-
off, or otherwise) in excess of
its ratable share (or other share contemplated hereunder), such Lender shall immediately (a) notify the Administrative Agent of such fact and
(b) purchase from the other Lenders such participations in the Revolving Loans made by them as shall be necessary to cause such purchasing
Lender to share the excess payment pro rata with each of them; provided that if all or any portion of such excess payment is thereafter
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