Supercuts 2008 Annual Report Download - page 227

(b) concurrently with the delivery of the financial statements referred to in subsection 7.01(a) , (i) a consolidating balance sheet and
income statement for such year (which need not be audited) and setting forth in comparative form the figures for the previous fiscal year, and
(ii) a budget for the next succeeding fiscal year;
(c) promptly, copies of all financial statements and reports that the Company sends to its shareholders, and copies of all financial
statements and regular, periodic or special reports (including Forms 10K, 10Q and 8K) that the Company or any Subsidiary may make to, or file
with, the SEC; and
(d) promptly, such additional information regarding the business, financial or corporate or other organizational affairs of the Company or
any Subsidiary as the Administrative Agent (or the Administrative Agent, at the request of any Lender) may from time to time reasonably
request.
The Company hereby acknowledges that (a) the Administrative Agent will make available to the Lenders and the Issuers materials and/or
information provided by or on behalf of Company hereunder (collectively, " Company Materials
") by posting Company Materials on IntraLinks
or another similar electronic system (the " Platform ") and (b) certain of the Lenders may be "public-side" Lenders ( i.e ., Lenders that do not
wish to receive material non-public information with respect to Company or its securities) (each, a " Public Lender "). The Company hereby
agrees that (w) all Company Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked "PUBLIC"
which, at a minimum, shall mean that the word "PUBLIC" shall appear prominently on the first page thereof; (x) by marking Company Materials
"PUBLIC," the Company shall be deemed to have authorized the Administrative Agent, the Issuers and the Lenders to treat such Company
Materials as either publicly available information or not material information (although it may be sensitive and proprietary) with respect to the
Company or its securities for purposes of United States Federal and state securities laws; (y) all Company Materials marked "PUBLIC" are
permitted to be made available through a portion of the Platform designated "Public Investor;" and (z) the Administrative Agent shall be entitled
to treat any Company Materials that are not marked "PUBLIC" as being suitable only for posting on a portion of the Platform not designated
"Public Investor.
7.03 Notices. The Company shall promptly notify the Administrative Agent and each Lender:
(a) of the occurrence of any Default or Event of Default, and of the occurrence or existence of any event or circumstance that foreseeably
will become a Default or Event of Default;
(b) of any matter that has resulted or could reasonably be expected to result in a Material Adverse Effect, including, to the extent so
applicable, (i) any breach or non-performance of, or any default under, a Contractual Obligation of the Company or any Subsidiary; (ii) any
dispute, litigation, investigation, proceeding or suspension between the Company or any Subsidiary and any Governmental Authority; (iii) the
commencement of, or any material development in, any litigation or proceeding affecting the Company or any Subsidiary, including pursuant to
any applicable Environmental Laws; or (iv) any other Environmental Claim;
(c) of the occurrence of any of the following events affecting the Company or any ERISA Affiliate (but in no event more than 10 days
after such event), and deliver to the Administrative Agent and each Lender a copy of any notice with respect to such event that is filed with a
Governmental Authority and any notice delivered by a Governmental Authority to the Company or any ERISA Affiliate with respect to such
event:
(i) an ERISA Event;
(ii) a material increase in the Unfunded Pension Liability of any Pension Plan;
(iii) the adoption of, or the commencement of contributions to, any Plan subject to Section 412 of the Code by the Company or any
ERISA Affiliate; or
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