OfficeMax 2013 Annual Report Download - page 181

“Dutch Loan Party” means, individually and collectively, any Loan Party (including the Dutch Borrowers) incorporated under the laws of the
Netherlands.
“Dutch Security Agreement” means (a) a Dutch law deed of pledge of movables, dated as of the Initial Effective Date, among Office Depot B.V.
and Office Depot International B.V. as pledgors and the European Collateral Agent as pledgee, (b) a Dutch law undisclosed deed of pledge of receivables, dated
as of the Initial Effective Date, among Office Depot B.V. and Office Depot International B.V. as pledgors and the European Collateral Agent as pledgee, (c) a
Dutch law deed of pledge of collection accounts, dated as of the Initial Effective Date, among Office Depot B.V. and Office Depot International B.V. as pledgors
and the European Collateral Agent as pledgee, (d) a Dutch law deed of pledge of non-collection bank accounts, dated as of the Initial Effective Date, among
Office Depot B.V. and Office Depot International B.V. as pledgors and the European Collateral Agent as pledgee, (e) a Dutch law disclosed deed of pledge of
intercompany receivables, dated as of the Initial Effective Date, among Office Depot B.V. and Office Depot International B.V. as pledgors and the European
Collateral Agent as pledgee, (f) a Dutch law deed of pledge of receivables, dated 27 December 2010, between Office Depot Finance B.V. as pledgor and the
European Collateral Agent as pledgee, (g) any other pledge or security agreement entered into, after the date of this Agreement, by any other Dutch Loan Party
(as required by this Agreement or any other Loan Document for the purpose of creating a Lien on the property of any Dutch Loan Party (or any other property
located in the Netherlands)) and (h) any other charge 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 Netherlands), which charge or security agreement
is designated by the European Administrative Agent as a “Dutch Security Agreement”, in each case as the same may be amended, restated or otherwise
modified from time to time.
“EBITDAR” means, for any period, Net Income for such period  (a) without duplication and to the extent deducted in determining Net
Income for such period, the sum of (i) Interest Expense for such period, (ii) income tax expense for such period, (iii) all amounts attributable to depreciation
and amortization expense for such period, (iv) Rentals for such period, (v) any items of loss resulting from the sale of assets other than in the ordinary course
of business for such period (vi) any non-cash charges for tangible or intangible impairments or asset write downs for such period (excluding any write downs
for write-offs of Inventory) and (vii) any other non-cash charges for such period (but excluding any non-cash charge in respect of an item that was included in
Net Income in a prior period and any non-cash charge that relates to the write-down or write-off of inventory),  (b) without duplication and to the extent
included in Net Income, (i) any items of gain resulting from the sale of assets other than in the ordinary course of business for such period, (ii) any cash
payments made during such period in respect of non-cash charges described in clause (a)(vii) taken in a prior period and (iii) any extraordinary gains and any
non-cash items of income for such period, all calculated for the Company and its Ssubsidiaries on a consolidated basis in accordance with GAAP.
“Eligible Accounts” means, at any time, the Accounts of any Loan Party which in accordance with the terms hereof are eligible as the basis for the
extension of Revolving Loans and Swingline Loans and the issuance of Letters of Credit hereunder. Eligible Accounts shall not include any Account:
(a) which is not subject to a first priority perfected security interest in favor of the applicable Collateral Agent (for the benefit of the Agents,
the Lenders and the Issuing Banks);
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