OfficeMax 2009 Annual Report Download - page 108

Download and view the complete annual report

Please find page 108 of the 2009 OfficeMax annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 116

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116

Incorporated by Reference
Exhibit File Exhibit Filing Filed
Number Exhibit Description Form Number Number Date Herewith
13 Inapplicable
14(3) Code of Ethics
16 Inapplicable
18 Inapplicable
21 Significant subsidiaries of the X
registrant
22 Inapplicable
23 Consent of KPMG LLP, X
independent registered public
accounting firm (see page 97)
24 Inapplicable
31.1 CEO Certification Pursuant to X
Section 302 of the Sarbanes-Oxley
Act of 2002
31.2 CFO Certification Pursuant to X
Section 302 of the Sarbanes-Oxley
Act of 2002
32 Section 906 Certifications of Chief X
Executive Officer and Chief
Financial Officer of OfficeMax
Incorporated
† Indicates exhibits that constitute management contracts or compensatory plans or arrangements.
(a) Certain information in this exhibit has been omitted and filed separately with the Securities and Exchange Commission
pursuant to a confidential treatment request under Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
(1) The Trust Indenture between Boise Cascade Corporation (now known as OfficeMax Incorporated) and Morgan
Guaranty Trust Company of New York, Trustee, dated October 1, 1985, as amended, was filed as exhibit 4 in the
Registration Statement on Form S-3 No. 33-5673, filed May 13, 1986. The Trust Indenture has been supplemented on
seven occasions as follows: The First Supplemental Indenture, dated December 20, 1989, was filed as exhibit 4.2 in the
Pre-Effective Amendment No. 1 to the Registration Statement on Form S-3 No. 33-32584, filed December 20, 1989. The
Second Supplemental Indenture, dated August 1, 1990, was filed as exhibit 4.1 in our Current Report on Form 8-K filed
on August 10, 1990. The Third Supplemental Indenture, dated December 5, 2001, between Boise Cascade Corporation
and BNY Western Trust Company, as trustee, to the Trust Indenture dated as of October 1, 1985, between Boise
Cascade Corporation and U.S. Bank Trust National Association (as successor in interest to Morgan Guaranty Trust
Company of New York) was filed as exhibit 99.2 in our Current Report on Form 8-K filed on December 10, 2001. The
Fourth Supplemental Indenture dated October 21, 2003, between Boise Cascade Corporation and U.S. Bank Trust
National Association was filed as exhibit 4.1 in our Current Report on Form 8-K filed on October 20, 2003. The Fifth
Supplemental Indenture dated September 16, 2004, among Boise Cascade Corporation, U.S. Bank Trust National
Association and BNY Western Trust Company was filed as exhibit 4.1 to our Current Report on Form 8-K filed on
September 22, 2004. The Sixth Supplemental Indenture dated October 29, 2004, between OfficeMax Incorporated and
U.S. Bank Trust National Association was filed as exhibit 4.1 to our Current Report on Form 8-K filed on November 4,
2004. The Seventh Supplemental Indenture, made as of December 22, 2004, between OfficeMax Incorporated and
U.S. Bank Trust National Association was filed as exhibit 4.1 to our Current Report on Form 8-K filed on December 22,
2004. Each of the documents referenced in this footnote is incorporated by reference.
(2) The Deferred Compensation and Benefits Trust, as amended and restated as of December 13, 1996, was filed as
exhibit 10.18 in our Annual Report on Form 10-K for the fiscal year ended December 31, 1996. Amendment No. 4,
dated July 29, 1999, to the Deferred Compensation and Benefits Trust was filed as exhibit 10.18 in our Annual Report
on Form 10-K for the fiscal year ended December 31, 1999. Amendment No. 5, dated December 6, 2000, to the
Deferred Compensation and Benefits Trust was filed as exhibit 10.18 in our Annual Report on Form 10-K for the fiscal
year ended December 31, 2000. Amendment No. 6, dated May 1, 2001, to the Deferred Compensation and Benefits
Trust was filed as exhibit 10 in our Quarterly Report on Form 10-Q for the quarter ended September 30, 2001. Each of
the documents referenced in this footnote is incorporated herein by reference.
(3) Our Code of Ethics can be found on our website (www.officemax.com) by clicking on ‘‘About OfficeMax—Investor
Relations’’ and then ‘‘Code of Ethics.’’
104