OfficeMax 2013 Annual Report Download - page 195

“Facility B Swingline Loans” means, collectively, the European Swingline Loans and the Facility B US Swingline Loans.
“Facility B Swingline Sublimit” means $25,000,000.
“Facility B US Protective Advance” has the meaning assigned to such term in Section 2.04.
“Facility B US Swingline Loan” has the meaning assigned to such term in Section 2.05(a)(ii).
“FATCA
” means Sections 1471 through 1474 of the Code, as of the date of this Agreement and any regulations or official interpretations thereof.
“Federal Funds Effective Rate” means, for any day, the weighted average (rounded upwards, if necessary, to the next 1/100 of 1%) of the rates on
overnight Federal funds transactions with members of the Federal Reserve System arranged by Federal funds brokers, as published on the next succeeding
Business Day by the Federal Reserve Bank of New York, or, if such rate is not so published for any day that is a Business Day, the average (rounded
upwards, if necessary, to the next 1/100 of 1%) of the quotations for such day for such transactions received by the Administrative Agent from three Federal
funds brokers of recognized standing selected by it.
“Financial Officer” means the chief financial officer, principal accounting officer, senior vice president – finance, treasurer or controller of a
Borrower.
“Financial Support Direction” means a financial support direction issued by the Pensions Regulator pursuant to Section 43 of the UK Pensions
Act 2004.
“Fixed Charges” means, with reference to any period, without duplication, cash Interest Expense (net of interest income) ,  Rentals, 
scheduled principal payments on Indebtedness made during such period , other than such payments made in respect of Indebtedness referred to in Section
6.01(p),  dividends or distributions paid in cash,  Capital Lease Obligation payments,  cash contributions to any Plan that is subject to Title IV
or Section 302 of ERISA or Section 412 or 4971 of the Code, all calculated for the Company and its Ssubsidiaries on a consolidated basis; provided, that
payments at maturity of the Existing 2013 Notes, payments of the OMX Existing 2016 Notes and redemption of preferred stock shall not be Fixed Charges .
“Fixed Charge Coverage Ratio” means, the ratio, determined as of the end of each fiscal quarter of the Company for the most-recently ended four
fiscal quarters, of (a) EBITDAR  the unfinanced portion of Capital Expenditures  taxes paid in cash net of refunds, to (b) Fixed Charges, all
calculated for the Company and its Ssubsidiaries on a consolidated basis in accordance with GAAP.
“Floating Charge Reserve” means reserves for taxes, fees, expenses or claims with respect to the Collateral or any European Loan Party including
with respect to any Prior Claims.
“Foreign Benefit Arrangements” means any employee benefit arrangement mandated by non-US law that is maintained or contributed to by any
Loan Party.
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