OfficeMax 2013 Annual Report Download - page 198

“Initial Effective Date” means September 26, 2008.
“Insolvency Laws” means each of the Bankruptcy Code, the UK Insolvency Act 1986, the Council Regulation 1346/2000/EC on insolvency
proceedings (European Union), and any other applicable state, provincial, territorial or federal bankruptcy laws, each as now and hereafter in effect, any
successors to such statutes and any other applicable insolvency or other similar law of any jurisdiction, including any law of any jurisdiction permitting a
debtor to obtain a stay or a compromise of the claims of its creditors against it and including any rules and regulations pursuant thereto. In relation to
Luxembourg law, Insolvency Laws means (i) insolvency proceedings () within the meaning of Articles 437 ff. of the Luxembourg Commercial Code or
any other insolvency proceedings pursuant to the Council Regulation (EC) N° 1346/2000 of May 29, 2000 on insolvency proceedings, (ii) controlled
management () within the meaning of the grand ducal regulation of May 24, 1935 on controlled management, (iii) voluntary arrangement
with creditors () within the meaning of the law of April 14, 1886 on arrangements to prevent insolvency, as amended,
(iv) suspension of payments () within the meaning of Articles 593 ff. of the Luxembourg Commercial Code or (v) voluntary or
compulsory winding-up pursuant to the law of August 10, 1915 on commercial companies, as amended. In relation to Irish law, Insolvency Laws means
winding up or liquidation and examinership under the Irish Companies Acts 1963-2006.
“Intellectual Property” means, individually and collectively, trademarks, service marks, tradenames, copyrights, patents, trade secrets,
industrial designs, internet domain names and other intellectual property, including any applications and registrations pertaining thereto and with respect to
trademarks, service marks and tradenames, the goodwill of the business symbolized thereby and connected with the use thereof.
“Interest Election Request” means a request by the Borrower Representative to convert or continue a Borrowing of Revolving Loans in accordance
with Section 2.08.
“Interest Expense” means, with reference to any period, total interest expense (including that attributable to Capital Lease Obligations) of the
Company and its Ssubsidiaries for such period with respect to all outstanding Indebtedness of the Company and its Ssubsidiaries (including all
commissions, discounts and other fees and charges owed with respect to letters of credit and bankers’ acceptance financing and net costs under Swap
Agreements in respect of interest rates to the extent such net costs are allocable to such period in accordance with GAAP), calculated on a consolidated basis for
the Company and its Ssubsidiaries for such period in accordance with GAAP.
“Interest Payment Date” means (a) with respect to any ABR Loan or Overnight LIBO Loan (other than, in each case, a Swingline Loan), the last
day of each calendar quarter and the Maturity Date, and (b) with respect to any Eurocurrency Loan, the last day of the Interest Period applicable to the
Borrowing of which such Loan is a part and, in the case of a Eurocurrency Borrowing with an Interest Period of more than three months’ duration, each day
prior to the last day of such Interest Period that occurs at intervals of three months’ duration after the first day of such Interest Period and the Maturity Date.
“Interest Period” means with respect to any Eurocurrency Borrowing, the period commencing on the date of such Borrowing and ending on the
numerically corresponding day in the calendar month that is one, two, three or six months (or, with the consent of each Lender, nine or 12 months) thereafter,
as the Borrower Representative may elect; provided, that (i) if any Interest Period would end on a day other than a Business Day, such Interest Period shall be
extended to the next succeeding Business Day unless, in the case of a Eurocurrency Borrowing only, such next succeeding
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