OfficeMax 2013 Annual Report Download - page 221

(i) any action required to comply with the Works Councils Act of the Netherlands ( ); and
(ii) obtaining an unconditional positive advice () from the competent works council(s);
(b) gross negligence includes ;
(c) negligence includes ;
(d) a security interest includes any mortgage (), pledge (), retention of title arrangement (), privilege
(), right of retention (), right to reclaim goods (), and, in general, any right in rem (), created for
the purpose of granting security ();
(e) wilful misconduct includes ;
(f) a winding-up, administration or dissolution (and any of those terms) includes a Dutch entity being declared bankrupt ( ) or
dissolved ();
(g) a moratorium includes  and granted a moratorium includes ;
(h) any step or procedure taken in connection with insolvency proceedings includes a Dutch entity having filed a notice under section 36 of the
Dutch Tax Collection Act ( 1990);
(i) an administrative receiver includes a ;
(j) an administrator includes a ; and
(k) an attachment includes a .
SECTION 1.04 Accounting Terms; GAAP. Except as otherwise expressly provided herein, all terms of an accounting or financial nature shall be
construed in accordance with GAAP, as in effect from time to time; provided that, if the Borrower Representative notifies the Administrative Agent that the
Borrowers request an amendment to any provision hereof to eliminate the effect of any change occurring after the date hereof in GAAP or in the application
thereof on the operation of such provision (or if the Administrative Agent notifies the Borrower Representative that the Required Lenders request an amendment
to any provision hereof for such purpose), regardless of whether any such notice is given before or after such change in GAAP or in the application thereof,
then such provision shall be interpreted on the basis of GAAP as in effect and applied immediately before such change shall have become effective until such
notice shall have been withdrawn or such provision amended in accordance herewith. In the event that historical accounting practices, systems or reserves
relating to the components of the Aggregate Borrowing Base or the Borrowing Base of any Borrower are modified in a manner that is adverse to the Lenders in
any material respect, the Borrowers will agree to maintain such additional reserves (for purposes of computing the Aggregate Borrowing Base and the
Borrowing Base of each Borrower) in respect to the components of the Aggregate Borrowing Base and the Borrowing Base of each Borrower and make such
other adjustments (which may include maintaining additional reserves, modifying the advance rates or modifying the eligibility criteria for the components of
the Aggregate
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