OfficeMax 2013 Annual Report Download - page 215

“Third Amendment” shall mean that certain Third Amendment, dated as of [ ], 2013, among the Borrowers, the Administrative Agent and
the Lenders.
“Third Amendment Effective Date” shall have the meaning ascribed to such term in the Third Amendment.
“Total Assets” means, at any date, the amount that would, in conformity with GAAP, be set forth opposite the caption “total assets” (or any like
caption) on a consolidated balance sheet of the Company and the Subsidiaries.
“Total Full Cash Dominion Period” means any Level 2 Minimum Aggregate Availability Period; provided that a Total Full Cash Dominion Period
may be discontinued no more than twice in any period of twelve consecutive months.
“Transactions” means the amendment and restatement of the Existing Credit Agreement in the form of this Agreement, the borrowing of Loans and
other credit extensions, the use of the proceeds thereof and the issuance of Letters of Credit hereunder.
“Treaty” has the meaning assigned to such term in the definition “ Treaty State”.
“Treaty Lender” means a Lender which:
(a) is treated as a resident of a Treaty State for the purposes of the Treaty;
(b) does not carry on a business in the jurisdiction in which the applicable Borrower is located through a permanent establishment with which
that Lender’s participation in the Loan is effectively connected.
“Treaty State” means a jurisdiction having a double taxation agreement (a “ Treaty”) with the jurisdiction in which the relevant Borrower is located
which makes provision for full exemption from the imposition of any withholding or deduction for or on account of tax imposed by the Borrower’s
jurisdiction on interest.
“Trigger Date” has the meaning assigned to such term in Section 5.16.
“Type”, when used in reference to any Loan or Borrowing, refers to whether the rate of interest on such Loan, or on the Loans comprising such
Borrowing, is determined by reference to the Adjusted LIBO Rate, the Alternate Base Rate or the OVERNIGHTOvernight LIBO RATERate.
“UCC” means the Uniform Commercial Code as in effect from time to time in the State of New York or any other state the laws of which are
required to be applied in connection with the issue of perfection of security interests.
“UK Borrower” means, individually and collectively, Office Depot International (UK) Ltd. and Office Depot UK Ltd.
“UK Borrowing Base” means, at any time, with respect to the UK Loan Parties, the sum of:
(a) the sum of (i) the product of (A) 85%  (B) the UK Loan Parties’ Eligible Accounts at such time,  the Dilution Reserve
related to the UK Loan Parties,  any
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