OfficeMax 2013 Annual Report Download - page 205

“OfficeMax Merger Agreement” means, collectively, the Agreement and Plan of Merger, dated as of February 20, 2013 (as amended, modified or
supplemented from time to time), among the Company, Dogwood Merger Sub Inc., Dogwood Merger Sub LLC, Mapleby Holdings Merger Corporation,
Mapleby Merger Corporation and OfficeMax, and all schedules, exhibits and annexes thereto and all material side letters and agreements affecting the terms
thereof or entered into in connection therewith.
“OMX Existing 2016 Notes” shall mean OfficeMax’s existing 7.35% Debentures Due 2016.
“Original Vendor” means, with respect to any inventory, the vendor from which the Company or its subsidiaries purchased such inventory.
“Other Connection Taxes” means, with respect to the Administrative Agent, the European Administrative Agent, either Collateral Agent, any
Lender, any Issuing Bank or any other recipient of any payment to be made by or on account of any obligation of any Loan Party hereunder or under any
other Loan Document, Taxes imposed as a result of a present or former connection between such recipient and the jurisdiction imposing such Tax (other than
connections arising from such recipient having executed, delivered, or become a party to, performed its obligations or received payments under, received or
perfected a security interest under, sale or assignment of an interest in any Loan or Loan Document, engaged in any other transaction pursuant to, or enforced,
any Loan Documents).
“Other Taxes” means all present or future stamp, court or documentary Taxes and any other excise, property, intangible, recording, filing or
similar Taxes which arise from any payment made under, from the execution, delivery, performance, enforcement or registration of, or from the receipt or
perfection of a security interest under, or otherwise with respect to, any Loan Document.
“Overnight LIBO” means, when used in reference to any Loan or Borrowing, whether such Loan or the Loan comprising such Borrowing accrues
interest at a rate determined by reference to the OVERNIGHTOvernight LIBO RATERate.
“OVERNIGHTOvernight LIBO RATERate” means, with respect to any Overnight LIBO Borrowing or overdue amount, (a) the rate of interest per
annum (rounded upwards, if necessary, to the next 1/16 of 1%) at which overnight deposits in Euros or Sterling, in an amount approximately equal to the
amount with respect to which such rate is being determined, would be offered for such day by a branch or Affiliate of JPMCB in the applicable offshore
interbank market for such currency to major banks in such interbank market  (b) the Mandatory Cost.
“Parallel Debt” has the meaning assigned to such term in Section 9.21.
“Parent” means, with respect to any Lender, any Person as to which such Lender is, directly or indirectly, a subsidiary.
“Participant” has the meaning assigned to such term in Section 9.04.
“Participating Member State” means each State so described in any EMU Legislation, and includes, without limitation, each member State of the
European Community that adopts or has adopted the Euro as its lawful currency in accordance with EMU Legislation.
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