OfficeMax 2013 Annual Report Download - page 177

“Commitment Schedule” means the Schedule attached hereto as Schedule 1.01(a).
“Commitment Utilization Percentage” means, on any date, the percentage equivalent to a fraction (a) with respect to Facility A, (i) the numerator of
which is the total Facility A Revolving Exposure and (ii) the denominator of which is the aggregate amount of the Facility A Commitments (or, on any day after
termination of the Facility A Commitments, the aggregate amount of the Facility A Commitments in effect immediately preceding such termination) and
(b) with respect to Facility B, (i) the numerator of which is the total Facility B Revolving Exposure and (ii) the denominator of which is the aggregate amount of
the Facility B Commitments (or, on any day after termination of the Facility B Commitments, the aggregate amount of the Facility B Commitments in effect
immediately preceding such termination).
“Commodity Exchange Act” means the Commodity Exchange Act (7 U.S.C. § 1 et seq.), as amended from time to time, and any successor
statute.
“Company” means Office Depot, Inc., a Delaware corporation.
“Company Plan” has the meaning assigned to such term in Section 5.07(b).
“Compliance Certificate” has the meaning assigned to such term in Section 5.01(c).
“Confidential Information Memorandum” means the Confidential Information Memorandum dated May 2011 relating to the Borrowers and the
Transactions.
“Consignment Transaction” means any consignment transaction between the Company or its subsidiaries and an Original Vendor in which
(i) inventory is sold to the Original Vendor for fair market value in exchange for cash consideration and (ii) such inventory is consigned by the Original
Vendor to the Company or its subsidiaries for resale.
“Contribution Notice” means a contribution notice issued by the Pensions Regulator under Sections 38 or 47 of the UK Pensions Act 2004.
“Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person,
whether through the ability to exercise voting power, by contract or otherwise. “ Controlling” and “Controlled” have meanings correlative thereto.
“Corresponding Debt” has the meaning assigned to such term in Section 9.21.
“Credit Card Account Receivables” means any receivables due to any Loan Party in connection with purchases from and other goods and services
provided by such Loan Party on the following credit cards: Visa, MasterCard, American Express, Diners Club, Discover, Carte Blanche and such other
credit cards as the Administrative Agent shall reasonably approve from time to time, in each case which have been earned by performance by such Loan Party
but not yet paid to such Loan Party by the credit card issuer or the credit card processor, as applicable.
“Credit Exposure” means, as to any Facility A Lender or Facility B Lender at any time, the sum of (a) such Lender’s Facility A Revolving
Exposure or Facility B Revolving Exposure, as applicable, at such time,  (b) an amount equal to its Applicable Percentage, if any, of the aggregate
principal amount of Facility A Protective Advances or Facility B Protective Advances, as applicable, outstanding at such time.
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