Contract
means any contract, lease, license, indenture, note, bond,
agreement, understanding, undertaking, concession, franchise or other instrument (in each case, to the extent legally binding on the parties thereto).
Credit Agreements
means, collectively, (a) the Credit Agreement, dated as of March 19, 2014, among the Company,
the lenders party thereto, JPMorgan Chase Bank, N.A., as administrative agent, and the other agents party thereto, as has been and may be amended from time to time and (b) the Loan Agreement, dated October 31, 2017, by and among the
Company, INTRUST Bank, N.A. and the guarantors party thereto as may be amended from time to time.
Disclosure Document
means all of the uniform franchise offering circulars, franchise disclosure documents and similar documents used in the offer and sale of franchises anywhere in the world by the Company or the Company Subsidiaries in its efforts to comply with any
laws pertaining to the offer and sale of franchises.
Disclosure Letters
means, collectively, the Parent Disclosure
Letter and the Company Disclosure Letter.
ERISA
means the Employee Retirement Income Security Act of 1974, as amended,
and the regulations promulgated thereunder.
Exchange Act
means the Securities Exchange Act of 1934, as amended, and
the rules and regulations promulgated thereunder.
Financing Sources
means the agents, arrangers, lenders and other
entities that have committed to provide or arrange all or any part of the Debt Financing and any alternative financing, including the parties to any joinder agreements, indentures or credit agreements entered pursuant thereto or relating thereto
(but excluding Parent and any of its Subsidiaries), together with their respective Affiliates, officers, directors, employees, agents, representatives, successors and assigns of each one of the foregoing. For the avoidance of doubt, to the extent
any Financing Source is also an Investor, Guarantor or potential source of equity, any provision of this Agreement that relates to the obligations or rights of a Financing Source shall be limited to such Financing Sources role as a provider of
the Debt Financing, and shall not in any way impact or otherwise negate the rights or obligations of such Financing Source as an Investor, Guarantor or potential source of equity.
Franchise Agreement
means any agreement between the Company or any Company Subsidiary and any other Person pertaining to
the establishment and operation of a lease purchase or rent to own business.
Governmental Entity
means (a) any
federal, state, county, local, municipal or foreign government or administrative agency or political subdivision thereof, (b) any governmental agency, authority, board, bureau, commission, department or instrumentality, (c) any court or
administrative tribunal, (d) any
non-governmental
agency, tribunal or entity that is vested by a governmental agency with applicable jurisdiction or (e) any arbitration tribunal or other
non-governmental
authority with applicable jurisdiction.
Group
shall have the
meaning ascribed to such term in Section 13(d) under the Exchange Act.
Hazardous Materials
means any material,
substance or chemical that is listed, defined, designated or classified as hazardous, a pollutant, a contaminant, toxic or radioactive, or otherwise regulated under any Environmental Law,
including asbestos or asbestos-containing materials, polychlorinated biphenyls, petroleum, and petroleum products or any fraction or derivatives thereof including synthetic substitutes thereof.
HSR Act
means the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
Indebtedness
means, with respect to any Person, without duplication, (a) all obligations of such Person for borrowed
money, or with respect to deposits or advances of any kind to such Person, (b) all obligations of such Person evidenced by bonds, debentures, notes or similar instruments, (c) all guarantees and arrangements having
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