OfficeMax 2013 Annual Report Download - page 219

The Administrative Agent may, in its Permitted Discretion, adjust Reserves used in computing the Aggregate Borrowing Base and the US
Borrowing Base, with any such changes to be effective three Business Days after delivery of notice thereof to the Borrower Representative and the Lenders.
The Aggregate Borrowing Base and the US Borrowing Base at any time shall be determined by reference to the most recent Aggregate Borrowing Base
Certificate and each other Borrowing Base Certificate delivered to the Administrative Agent pursuant to Section 5.01(f) of this Agreement.
“US Borrowing Base Certificate” means a certificate, signed and certified as accurate and complete by a Financial Officer of the Borrower
Representative, in substantially the form of Exhibit B-2 or another form which is acceptable to the Administrative Agent in its sole discretion.
“US Collateral Agent” means JPMCB, in its capacity as security trustee for itself, the Administrative Agent, the Issuing Banks and the Lenders,
and its successors in such capacity.
“US Letter of Credit” means any letter of credit or similar instrument (including a bank guarantee) acceptable to the applicable Issuing Bank
issued in dollars for the purpose of providing credit support to the Company.
“US Loan Party” means, individually and collectively, any Loan Party (including the Company) organized under the laws of the United States.
“US Protective Advance” means a Protective Advance made to or for the account of the Company.
“US Revolving Loan” means a Revolving Loan made to the Company.
“US Security Agreement” means (a) that certain US Security Agreement, dated as of the Initial Effective Date, between the US Loan Parties party
thereto and the US Collateral Agent (for the benefit of the Agents, the Lenders and the Issuing Banks), (b) any other pledge or security agreement entered into,
after the date of this Agreement by any other US Loan Party (as required by this Agreement or any other Loan Document for the purpose of creating a Lien on
the property of any Loan Party organized in the US (or any other property located therein)), or any other Person and (c) any other pledge or security agreement
entered into, after the date of this Agreement, by any Loan Party (as required by this Agreement or any other Loan Document for the purpose of creating a Lien
on any property located in the US), which charge or security agreement is designated by the Administrative Agent as a “US Security Agreement”, in each case
as the same may be amended, restated or otherwise modified from time to time.
“US Swingline Lender” means JPMCB, in its capacity as lender of US Swingline Loans hereunder, and its successors and assigns in such
capacity.
“US Swingline Loan” means a Swingline Loan made to the Company.
“VAT
” means value added tax as provided for in the VATA 1994 or any similar or substitute tax.
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