Supercuts 2008 Annual Report Download - page 242

(g) release all or substantially all of the Guarantors from the Subsidiary Guaranty without the written consent of each Lender;
and, provided further , that (i) no amendment, waiver or consent shall, unless in writing and signed by the applicable Issuer in addition to the
Required Lenders and/or each directly-affected Lender, as the case may be, affect the rights or duties of such Issuer under this Agreement or any
Letter of Credit Application relating to any Letter of Credit issued or to be issued by it; (ii) no amendment, waiver or consent shall, unless in
writing and signed by the Swing Line Lender in addition to the Required Lenders and/or each directly-
affected Lender, as the case may be, affect
the rights or duties of the Swing Line Lender under this Agreement; (iii) no amendment, waiver or consent shall, unless in writing and signed by
the Administrative Agent in addition to the Required Lenders and/or each directly-affected Lender, as the case may be, affect the rights or duties
of the Administrative Agent under this Agreement or any other Loan Document; and (iv) the Agent Fee Letter may be amended, or rights or
privileges thereunder waived, in a writing executed only by the respective parties thereto.
11.02 Notices . (a) All notices, requests, consents, approvals, waivers and other communications shall be in writing (including, unless
the context expressly otherwise provides, by facsimile transmission, provided that any matter transmitted by the Company by facsimile (i) shall
be immediately confirmed by a telephone call to the recipient at the number specified on Schedule 11.02 or, in the case of a Lender, in such
Lender's Administrative Questionnaire), and (ii) shall be followed promptly by delivery of a hard copy original thereof) and mailed, faxed or
delivered, to the address or facsimile number specified for notices on Schedule 11.02 (or, in the case of a Lender, in such Lender's
Administrative Questionnaire); or, as directed to the Company or the Administrative Agent, to such other address as shall be designated by such
party in a written notice to the other parties, and as directed to any other party, at such other address as shall be designated by such party in a
written notice to the Company and the Administrative Agent.
(b) All such notices, requests and communications shall, when transmitted by overnight delivery, or faxed, be effective when delivered for
overnight (next-day) delivery, or transmitted in legible form by facsimile machine, respectively, or if mailed, upon the third Business Day after
the date deposited into the U.S. mail, or if delivered, upon delivery; except that notices pursuant to Article II , III or X to the Administrative
Agent shall not be effective until actually received by the Administrative Agent, and notices pursuant to Article III to an Issuer shall not be
effective until actually received by such Issuer at the address specified on Schedule 11.02 .
(c) Any agreement of the Administrative Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the
convenience and at the request of the Company. The Administrative Agent and the Lenders shall be entitled to rely on the authority of any
Person purporting to be a Person authorized by the Company to give such notice, and the Administrative Agent and the Lenders shall not have
any liability to the Company or other Person on account of any action taken or not taken by the Administrative Agent or the Lenders in reliance
upon such telephonic or facsimile notice. The obligation of the Company to repay the Loans and L/C Obligations shall not be affected in any
way or to any extent by any failure by the Administrative Agent and the Lenders to receive written confirmation of any telephonic or facsimile
notice or the receipt by the Administrative Agent and the Lenders of a confirmation which is at variance with the terms understood by the
Administrative Agent and the Lenders to be contained in the telephonic or facsimile notice.
11.03 No Waiver; Cumulative Remedies . No failure to exercise and no delay in exercising, on the part of the Administrative Agent or
any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any
right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or
privilege.
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