OfficeMax 2013 Annual Report Download - page 178

“Credit Party” means the Administrative Agent, the European Administrative Agent, the Collateral Agents, the Issuing Bank, the Swingline
Lender or any other Lender.
“Currency of Payment” has the meaning assigned to such term in Section 9.19.
“Customer Credit Liability Reserves” means, at any time, 50% of the aggregate remaining value at such time of (a) outstanding gift certificates
and gift cards sold by the Loan Parties entitling the holder thereof to use all or a portion of the certificate or gift card to pay all or a portion of the purchase price
of Inventory, and (b) outstanding merchandise credits issued by and customer deposits received by the Loan Parties.
“Customer-Specific Inventory” means Inventory specifically identified or produced for a particular customer.
“Default” means any event or condition which constitutes an Event of Default or which upon notice, lapse of time or both would, unless cured or
waived, become an Event of Default.
“Defaulting Lender” means any Lender that (a) has failed, within two Business Days of the date required to be funded or paid, to (i) fund any
portion of its Loans, (ii) fund any portion of its participations in Letters of Credit or Swingline Loans or (iii) pay over to any Credit Party any other amount
required to be paid by it hereunder, unless, in the case of clause (i) above, such Lender notifies the Administrative Agent in writing that such failure is the
result of such Lender’s good faith determination that a condition precedent to funding (specifically identified and including the particular default, if any) has
not been satisfied, (b) has notified the Borrower or any Credit Party in writing, or has made a public statement to the effect, that it does not intend or expect to
comply with any of its funding obligations under this Agreement (unless such writing or public statement indicates that such position is based on such
Lender’s good faith determination that a condition precedent (specifically identified and including the particular default, if any) to funding a loan under this
Agreement cannot be satisfied) or generally under other agreements in which it commits to extend credit, (c) has failed, within three Business Days after
request by the Administrative Agent or the European Administrative Agent, acting in good faith, to provide a certification in writing from an authorized officer
of such Lender that it will comply with its obligations (and is financially able to meet such obligations) to fund prospective Loans and participations in then
outstanding Letters of Credit and Swingline Loans under this Agreement, provided that such Lender shall cease to be a Defaulting Lender pursuant to this
clause (c) upon such Credit Party’s receipt of such certification in form and substance satisfactory to it and the Administrative Agent, or (d) has become the
subject of a Bankruptcy Event.
“Deferred Cash Discounts” means, with respect to any Loan Party, cash discounts earned by such Loan Party for early payments to vendors
which reduce net Inventory costs for such Loan Party.
“Departing Lender” has the meaning assigned to such term in Section 2.19(b).
“Deposit Account Control Agreement ” means, individually and collectively, each “Deposit Account Control Agreement” referred to in any Security
Agreement.
- 15 -