OfficeMax 2013 Annual Report Download - page 211

“S&P” means Standard & Poor’s Ratings Services, a division of The McGraw Hill Companies, Inc.
“Sanctions” means economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by (a) the U.S.
government, including those administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.S. Department of State or
(b) the United Nations Security Council, the European Union or Her Majesty’s Treasury of the United Kingdom.
“Sanctioned Country” mean at any time, a country or territory which is the subject or target of any Sanctions.
“Sanctioned Person” means at any time, (a) any Person listed in any Sanctions-related list of designated Persons maintained by the Office of
Foreign Assets Control of the U.S. Department of the Treasury or the U.S. Department of State or by the United Nations Security Council, the European
Union or any EU member state, (b) any Person operating, organized or resident in a Sanctioned Country or (c) any Person controlled by any such Person.
“Secured Obligations” means all Obligations, together with all Banking Services Obligations and Swap Obligations owing to one or more Lenders
or their respective Affiliates; provided that at or prior towithin 30 days after the time that any transaction relating to such Swap Obligation is executed by a
Lender or its Affiliate and any Loan Party, the Lender party thereto or its Affiliate (other than JPMCB) shall have delivered written notice in accordance with
the notice provisions of this Agreement to the Administrative Agent that such a transaction has been entered into and that it constitutes a Secured Obligation
entitled to the benefits of the Collateral Documents.
“Security Agreement” means, individually and collectively, any US Security Agreement, any UK Security Agreement, any Dutch Security
Agreement, any Irish Security Agreement or, any Luxembourg Security Agreement or any Canadian Security Agreement.
“Settlement” has the meaning assigned to such term in Section 2.05(c).
“Settlement Date” has the meaning assigned to such term in Section 2.05(c).
“Specified Excluded Subsidiary” means any subsidiary of OfficeMax listed on Schedule 1.01(e).
“Specified Intellectual Property Transaction” means any sale, transfer, license or other disposition, directly or indirectly, of Intellectual Property,
certain other assets relating thereto or goodwill and going concern relating to the business from a Loan Party to a Subsidiary that is not a Loan Party in
connection with the Intellectual Property Reorganization (as defined on Schedule 1.01(d)).
“Specified Principal-Commissionaire Transaction” means any sale, transfer or other disposition, directly or indirectly, of assets from a Loan
Party to a Removed Borrower in connection with the Principal-Commissionaire Reorganization (as defined on Schedule 1.01(d)); provided that, both
immediately before and immediately after giving pro forma effect to any such sale, transfer or other disposition of Collateral, no Level 4 Minimum Aggregate
Availability Period shall be in effect.
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