Supercuts 2002 Annual Report Download - page 109
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"MEMORANDUM" is defined in Section 5.3.
"MOODY'S" means Moody's Investors Service, Inc.
"MULTIEMPLOYER PLAN" means any Plan that is a "multiemployer plan" (as such term is defined in section 4001(a)(3) of ERISA).
"NOTES" is defined in Section 1.
"OFFICER'S CERTIFICATE" means a certificate of a Senior Financial Officer or of any other officer of the Company whose responsibilities
extend to the subject matter of such certificate.
"OTHER PURCHASERS" is defined in Section 2.
"PBGC" means the Pension Benefit Guaranty Corporation referred to and defined in ERISA or any successor thereto.
"PERSON" means an individual, partnership, corporation, limited liability company, association, trust, unincorporated organization, or a
government or agency or political subdivision thereof.
"PLAN" means an "employee benefit plan" (as defined in section 3(3) of ERISA) that is or, within the preceding five years, has been
established or maintained, or to which contributions are or, within the preceding five years, have been made or required to be made, by the
Company or any ERISA Affiliate or with respect to which the Company or any ERISA Affiliate may have any liability.
"PREFERRED STOCK" means any class of capital stock of a corporation that is preferred over any other class of capital stock of such
corporation as to the payment of dividends or the payment of any amount upon liquidation or dissolution of such corporation.
"PRIORITY DEBT" means, as of any date, the sum (without duplication) of (a) outstanding Debt of Restricted Subsidiaries that are not
Subsidiary Guarantors (other than Debt owed to the Company or a Wholly Owned Restricted Subsidiary and Debt of a Person that is not an
Unrestricted Subsidiary outstanding at the time it becomes a Restricted Subsidiary) and (b) Debt of the Company and its Restricted
Subsidiaries secured by Liens not otherwise permitted by Sections 10.4(a) through (h).
"PRIVATE SHELF AGREEMENTS" means the Amended and Restated Private Shelf Agreement dated as of October 3, 2000 and the Private
Shelf Agreement dated as of December 19, 1997 as amended by the Amendment dated August 2, 1999, each between the Company and the
purchasers named therein, as such agreements may be amended, restated or otherwise modified, and any successor thereto.
Schedule B