OfficeMax 2013 Annual Report Download - page 190

to such Plan (as such term is defined in Section 412 of the Code or Section 302 of ERISA), whether or not waived; (d) the filing pursuant to Section 412(d) of
the Code or Section 303(d) of ERISA of an application for a waiver of the minimum funding standard with respect to any Plan, the failure to make by its due
date a required installment under Section 412(m) of the Code with respect to any Plan or the failure of any Loan Party or ERISA Affiliate to make any required
contribution to any Multiemployer Plan; (e) the incurrence by any Loan Party or any ERISA Affiliate of any liability under Title IV of ERISA with respect to
the termination of any Plan including, without limitation, the imposition of any Lien in favor of the PBGC or any Plan; (f) the receipt by any Loan Party or
any ERISA Affiliate from the PBGC or a Plan administrator of any notice relating to an intention to terminate any Plan or Plans or to appoint a trustee to
administer any Plan under Section 4042 of ERISA; (g) a determination that any Plan is, or is expected to be, in “at risk” status (within the meaning of Title IV
of ERISA); (h) the incurrence by any Loan Party or any of its ERISA Affiliates of any liability with respect to the withdrawal or partial withdrawal from any
Plan or Multiemployer Plan; or (i) the receipt by any Loan Party or any ERISA Affiliate of any notice, or the receipt by any Multiemployer Plan from any
Loan Party or any ERISA Affiliate of any notice, concerning the imposition of Withdrawal Liability or a determination that a Multiemployer Plan is, or is
expected to be, insolvent or in reorganization, within the meaning of Title IV of ERISA or in endangered or critical status within the meaning of Section 432 of
the Code or Section 305 or Title IV of ERISA.
“Euro” or “€” refers to the single currency of the Participating Member States.
“Eurocurrency” when used in reference to any Loan or Borrowing, refers to whether such Loan, or the Loans comprising such Borrowing, are
bearing interest at a rate determined by reference to the Adjusted LIBO Rate.
“European Administrative Agent ” means JPMorgan Chase Bank, N.A., London Branch, and its successors and assigns in such capacity (or
such of its Affiliates as it may designate from time to time).
“European Availability” means an amount equal to the lesser of (a) the European Sublimit and (b) the Aggregate Borrowing Base  the total
Revolving Exposure.
“European Borrower” means, individually and collectively, any UK Borrower, any Dutch Borrower, the Irish Borrower and the Luxembourg
Borrower.
“European Borrowing Base” means the sum of the UKCanadian Borrowing Base and, the Dutch Borrowing Base and the UK Borrowing Base.
“European Collateral Agent” means JPMorgan Chase Bank, N.A., London Branch, in its capacity as security trustee for itself, the
Administrative Agent, the Issuing Banks and the Lenders, and its successors in such capacity (or such of its Affiliates as it may designate from time to time).
“European Full Cash Dominion Period” means any Minimum European Availability Period or any Total Full Cash Dominion Period; provided
that a European Full Cash Dominion Period may be discontinued no more than twice in any period of twelve consecutive months.
“European Group” means, collectively, the European Borrowers and their Subsidiaries.
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