OfficeMax 2013 Annual Report Download - page 175

The Administrative Agent may, in its Permitted Discretion, adjust Reserves used in computing the Aggregate Borrowing Base and the Canadian
Borrowing Base, with any such changes to be effective three Business Days after delivery of notice thereof to the Borrower Representative and the Lenders.
The Aggregate Borrowing Base and the Canadian Borrowing Base at any time shall be determined by reference to the most recent Aggregate Borrowing Base
Certificate and each other Borrowing Base Certificate delivered to the Administrative Agent pursuant to Section 5.01(f) of this Agreement.
“Canadian Dollars” or “C$” refers to the lawful currency of Canada.
“Canadian Loan Party” means any Loan Party organized under the laws of Canada.
“Canadian Security Agreement” means (a) that certain Canadian Security Agreement, in form and substance reasonably acceptable to the
Administrative Agent, between the Canadian Loan Parties party thereto and the European Collateral Agent (for the benefit of the Agents, the Lenders and the
Issuing Banks), (b) any other pledge or security agreement entered into, after the date of this Agreement by any other Canadian Loan Party (as required by this
Agreement or any other Loan Document for the purpose of creating a Lien on the property of any Loan Party organized in the Canada (or any other property
located therein)), or any other Person and (c) any other pledge or security agreement entered into, after the date of this Agreement, by any Loan Party (as
required by this Agreement or any other Loan Document for the purpose of creating a Lien on any property located in the Canada), which charge or security
agreement is designated by the Administrative Agent as a “Canadian Security Agreement”, in each case as the same may be amended, restated or otherwise
modified from time to time.
“Capital Expenditures” means, without duplication, any expenditure for any purchase or other acquisition of any asset which would be classified
as a fixed or capital asset on a consolidated balance sheet of the Company and its Ssubsidiaries as shown in the statement of cash flows prepared in
accordance with GAAP.
“Capital Lease Obligations” of any Person means the obligations of such Person to pay rent or other amounts under any lease of (or other
arrangement conveying the right to use) real or personal property, or a combination thereof, which obligations are required to be classified and accounted for as
capital leases on a balance sheet of such Person under GAAP, and the amount of such obligations shall be the capitalized amount thereof determined in
accordance with GAAP.
“CAS” means the  which contains the statutory provisions regarding the mandatory affiliation and contributions
to the Luxembourg pension and social security schemes regarding employees employed by the Luxembourg Borrower within the territory of the Grand Duchy
of Luxembourg.
“CCSS” means the , which is the Luxembourg authority in charge of the Luxembourg mandatory welfare
system.
“Change in Control” means (a) the acquisition of ownership, directly or indirectly, beneficially or of record, by any Person or group (within the
meaning of the Securities Exchange Act of 1934 and the rules of the Securities and Exchange Commission thereunder as in effect on the date hereof) of Equity
Interests representing more than 40% of the aggregate ordinary voting power
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