OfficeMax 2013 Annual Report Download - page 214

“Swingline Loan” means, individually and collectively, each US Swingline Loan and each European Swingline Loan, as the context may require.
“Syndication Agent” Bank of America, N.A., in its capacity as Syndication Agent.
“TARGET Day” means any day on which TARGET2 is open for settlement of payments in Euro.
“TARGET2” means the Trans-European Automated Real-time Gross Settlement Express Transfer payment system which utilizes a single shared
platform and which was launched on November 19, 2007.
“Tax Restructuring” means, collectively, the Intellectual Property Reorganization, the Principal-Commissionaire Reorganization and the Tax
Reorganization (each as defined on Schedule 1.01(d)).
“Tax Restructuring Transaction” means any transaction that constitutes a part of, effects or is effected in connection with the Tax Restructuring.
“Taxes” means any and all present or future taxes, levies, imposts, duties, deductions, withholdings, assessments, fees or other similar charges
imposed by any Governmental Authority, including any interest, additions to tax or penalties applicable thereto.
“Tax Confirmation” means a confirmation by a Lender to any UK Loan Party that the Person beneficially entitled to interest payable to that
Lender in respect of an advance hereunder is either:
(a) a company resident in the United Kingdom for United Kingdom tax purposes;
(b) a partnership each member of which is:
(i) a company so resident in the United Kingdom; or
(ii) a company not so resident in the United Kingdom which carries on a trade in the United Kingdom through a permanent
establishment and which brings into account in computing its chargeable profits (for the purposes of section 19 of the UK
Corporation Tax Act 2009) the whole of any share of interest payable in respect of that advance that falls to it by reason of Part 17
of the UK Corporation Tax Act 2009; or
(c) a company not so resident in the United Kingdom which carries on a trade in the United Kingdom through a permanent establishment
and which brings into account interest payable in respect of that advance in computing the chargeable profits (within the meaning of
section 11(2) of the UK Income and Corporation Taxes Act 1988) of that company.
“Test Period” means the most recent period of four consecutive fiscal quarters of the Company ended on or prior to such time (taken as one
accounting period) in respect of which financial statements for each quarter or fiscal year in such period have been (or have been required to be) delivered
pursuant to Section 5.01(a) or 5.01(b), as applicable.
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