OfficeMax 2013 Annual Report Download - page 203

“Maturity Date” means the earlier to occur of (i) May 25, 2016 and (ii) any earlier date on which the Commitments are reduced to zero or
otherwise terminated pursuant to the terms hereof.
“Maximum Liability” has the meaning assigned to such term in Section 10.11.
“Maximum Rate” has the meaning assigned to such term in Section 9.17.
“Mexican Joint Venture” means (i) Office Depot Mexico S.A., an entity organized under the Republic of Mexico and (ii)Grupo OMX, an entity
organized under the Republic of Mexico.
“Minimum Aggregate Availability Period” means (including by reference to the Levels described below), any period (a) commencing when
Aggregate Availability is less than the greater of:
Level 1: (i) $125,000,000 and (ii) an amount equal to 12.5% of the Commitments then in effect;
Level 2: (i) $ 150,000,000 and (ii) an amount equal to 15% of the Commitments then in effect, but more than Level 1;
Level 3: (i) $175,000,000 and (ii) an amount equal to 17.5% of the Commitments then in effect, but more than Level 1 and Level 2; and
Level 4: (i) $ 250,000,000 and (ii) an amount equal to 25% of the Commitments then in effect, but more than Level 1, Level 2 and Level 3.
Level 5: (i) $ 400,000,000 and (ii) an amount equal to 40% of the Commitments then in effect, but more than Level 1, Level 2, Level 3 and
Level 4.
for five consecutive days (or immediately, in the case of Level 1) and (b) ending after Aggregate Availability is greater than the amounts set forth above (with
respect to the applicable Level) for 30 consecutive days (or 60 consecutive days when used in reference to any Full Cash Dominion Period). For the avoidance
of doubt, at any time that Aggregate Availability is equal to or greater than the amounts set forth in Level 2, Level 3, Level 4 or Level 5 above, Aggregate
Availability shall also be deemed to be greater than the applicable Level(s) below such Level of Aggregate Availability and each Minimum Aggregate Availability
Period Level shall include each lesser Level.
“Minimum European Availability Period” means any period (a) commencing when European Availability is less than the greater of
(i) $25,000,000 and (ii) an amount equal to 12.5% of the European Sublimit then in effect for two Business Days and (b) ending (solely with respect to any
European Full Cash Dominion Period then in effect) after European Availability is greater than the amounts set forth above (with respect to the applicable
Level) for 60 consecutive days.
“Moody’s” means Moody’s Investors Service, Inc.
- 40 -