OfficeMax 2013 Annual Report Download - page 204

“Multiemployer Plan” means a multiemployer plan as defined in Section 4001(a)(3) of ERISA.
“Net Income” means, for any period, the consolidated net income (or loss) of the Company and its Ssubsidiaries, determined on a consolidated
basis in accordance with GAAP; provided that there shall be excluded (a) the income (or deficit) of any Person accrued prior to the date it becomes a
Ssubsidiary or is merged into or consolidated with the Company or any of its Ssubsidiaries, (b) the income (or deficit) of any Person (other than a
Ssubsidiary) in which the Company or any of its Ssubsidiaries has an ownership interest, except to the extent that any such income is actually received by the
Company or such Ssubsidiary in the form of dividends or similar distributions and (c) the undistributed earnings of any Ssubsidiary to the extent that the
declaration or payment of dividends or similar distributions by such Ssubsidiary is not at the time permitted by the terms of any contractual obligation (other
than under any Loan Document) or Requirement of Law applicable to such Ssubsidiary.
“Net Orderly Liquidation Value” means, with respect to Inventory, equipment or intangibles of any Person, the orderly liquidation value thereof as
determined in a manner acceptable to the Administrative Agent by an appraiser acceptable to the Administrative Agent, net of all costs of liquidation thereof.
“Netherlands” means the Kingdom of the Netherlands.
“New Lender” has the meaning assigned to such term in Section 2.22(b).
“Non-Consenting Lender” has the meaning assigned to such term in Section 9.02(d).
“Non-Funding Lender” has the meaning assigned to such term in Section 2.07(b).
“Non-Paying Guarantor” has the meaning assigned to such term in Section 10.12.
“Obligated Party” has the meaning assigned to such term in Section 10.02.
“Obligations” means the Facility A Obligations and the Facility B Obligations .; provided, that for purposes of determining any Guaranteed
Obligations of any Loan Guarantor under this Agreement, the definition of “Obligations” shall not create any guarantee by any Loan Guarantor of any
Excluded Swap Obligations of such Loan Guarantor.
“Off-Balance Sheet Liability” of a Person means (a) any repurchase obligation or liability of such Person with respect to accounts or notes
receivable sold by such Person, (b) any indebtedness, liability or obligation under any so-called “synthetic lease” transaction entered into by such Person, or
(c) any indebtedness, liability or obligation arising with respect to any other transaction which is the functional equivalent of or takes the place of borrowing
but which does not constitute a liability on the balance sheets of such Person (other than operating leases).
“OfficeMax” means OfficeMax Incorporated.
“OfficeMax Merger” means the merger transaction pursuant to the OfficeMax Merger Agreement such that, after giving effect thereto, OfficeMax
shall be a wholly owned Subsidiary of the Company.
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