Supercuts 2008 Annual Report Download - page 238

(a)
declare the Commitment of each Lender to make Loans and any obligation of each Issuer to Issue Letters of Credit to be
terminated, whereupon such Commitments and obligations shall be terminated;
(b) declare an amount equal to the maximum aggregate amount that is or at any time thereafter may become available for drawing
under any outstanding Letters of Credit (whether or not any beneficiary shall have presented, or shall be entitled at such time to
present, the drafts or other documents required to draw under such Letters of Credit) to be immediately due and payable, and
declare the unpaid principal amount of all outstanding Loans, all interest accrued and unpaid thereon, and all other amounts owing
or payable hereunder or under any other Loan Document to be immediately due and payable, without presentment, demand,
protest or other notice of any kind, all of which are hereby expressly waived by the Company; and
(c) exercise on behalf of itself and the Lenders all rights and remedies available to it and the Lenders under the Loan Documents or
applicable law;
provided
that upon the occurrence of any event specified in subsection (f) or (g) of Section 9.01 (in the case of clause (i) of subsection (g) upon
the expiration of the 60-day period mentioned therein), the obligation of each Lender to make Loans and any obligation of an Issuer to Issue
Letters of Credit shall automatically terminate and the unpaid principal amount of all outstanding Loans and all interest and other amounts as
aforesaid shall automatically become due and payable without further act of the Administrative Agent, either Issuer or any Lender.
9.03 Rights Not Exclusive. The rights provided for in this Agreement and the other Loan Documents are cumulative and are not
exclusive of any other rights, powers, privileges or remedies provided by law or in equity, or under any other instrument, document or agreement
now existing or hereafter arising.
ARTICLE X
THE ADMINISTRATIVE AGENT
10.01 Appointment and Authorization.
(a) Each of the Lenders and the Issuers hereby irrevocably appoints the Administrative Agent as
its agent and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the
Administrative Agent by the terms hereof, together with such actions and powers as are reasonably incidental thereto. The bank serving as the
Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same
as though it were not the Administrative Agent, and such bank and its Affiliates may accept deposits from, lend money to and generally engage
in any kind of business with the Company or any Subsidiary or other Affiliate thereof as if it were not the Administrative Agent hereunder. The
Lenders and the Issuers acknowledge that, pursuant to such activities, JPMorgan or its Affiliates may receive information regarding the
Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or such Subsidiary)
and acknowledge that the Administrative Agent shall not be under any obligation to provide such information to them. With respect to its Loans
and Letters of Credit, JPMorgan shall have the same rights and powers under this Agreement as any other Lender and Issuer and may exercise
the same as though it were not the Administrative Agent.
(b) Each Issuer shall act on behalf of the Lenders with respect to any Letter of Credit Issued by it and the documents associated therewith
until such time and except for so long as the Administrative Agent may agree at the request of the Required Lenders to act for such Issuer with
respect thereto; provided that such Issuer shall have all of the benefits and immunities (i) provided to the Administrative Agent in this Article X
with respect to any acts taken or omissions suffered by such Issuer in connection with Letters of Credit Issued by it or proposed to be Issued by it
and the application and agreements for letters of credit pertaining to the Letters of Credit as fully as if the
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