Supercuts 2008 Annual Report Download - page 248

OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS
AGREEMENT OR THE OTHER LOAN DOCUMENTS OR ANY PROVISION HEREOF OR THEREOF. THIS WAIVER SHALL APPLY
TO ANY SUBSEQUENT AMENDMENT, RENEWAL, SUPPLEMENT OR MODIFICATION TO THIS AGREEMENT AND THE OTHER
LOAN DOCUMENTS.
11.18 Judgment . If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any
other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking
procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which
final judgment is given. The obligation of the Company in respect of any such sum due from it to the Administrative Agent or any Lender
hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the " Judgment Currency ") other than that in
which such sum is denominated in accordance with the applicable provisions of this Agreement (the " Agreement Currency "), be discharged
only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender of any sum adjudged to be so due in
the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement
Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the
Administrative Agent or such Lender in the Agreement Currency, the Company agrees, as a separate obligation and notwithstanding any such
judgment, to indemnify the Administrative Agent or such Lender or the Person to whom such obligation was owing against such loss. If the
amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such
currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Company (or to any other Person who may
be entitled thereto under applicable law).
11.19 Entire Agreement . This Agreement, together with the other Loan Documents, embodies the entire agreement and understanding
among the Company, the Lenders and the Administrative Agent, and supersedes all prior or contemporaneous agreements and understandings of
such Persons, verbal or written, relating to the subject matter hereof and thereof.
11.20 Euro Currency . (a) If at any time that an Offshore Currency Loan is outstanding, the relevant Offshore Currency is replaced as
the lawful currency of the country that issued such Offshore Currency (the " Issuing Country ") by the Euro then such Offshore Currency Loan
shall be automatically converted into a Loan denominated in Euros in a principal amount equal to the amount of Euros into which the principal
amount of such Offshore Currency Loan would be converted pursuant to the laws of the Issuing Country and thereafter (i) no further Loans will
be available in such Offshore Currency and (ii) all references in the Loan Documents to such Offshore Currency shall be deemed to be the Euro.
(b) The Company agrees, at the request of any Lender, to compensate each Lender for any loss, cost, expense or reduction in return that
such Lender shall reasonably determine shall be incurred or sustained by such Lender as a result of the implementation of the European
Monetary Union and the Euro and that would not have been incurred or sustained by such Lender but for the transactions provided for herein. A
certificate of any such Lender setting forth such Lender's determination of the amount or amounts necessary to compensate such Lender shall be
delivered to the Administrative Agent for delivery to the Company and shall be conclusive absent manifest error so long as such determination is
made by such Lender on a reasonable basis. The Company shall pay such Lender the amount shown as due on any such certificate within
10 days after receipt thereof. The agreements and obligations of the Company in this Section 11.20 shall survive the payment of all obligations.
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