OfficeMax 2013 Annual Report Download - page 265

audit adjustments and the absence of footnotes, (ii) certifying as to whether a Default has occurred and, if a Default has occurred, specifying the details
thereof and any action taken or proposed to be taken with respect thereto, (iii) setting forth reasonably detailed calculations demonstrating compliance
with Section 6.15 (to the extent applicable) and (iv) stating whether any change in GAAP or in the application thereof has occurred since the date of the
audited financial statements referred to in Section 3.04 and, if any such change has occurred, specifying the effect of such change on the financial
statements accompanying such certificate;
(d) concurrently with any delivery of financial statements under clause (a) above, a certificate of the accounting firm that reported on such
financial statements stating whether they obtained knowledge during the course of their examination of such financial statements of any Event of Default
(which certificate may be limited to the extent required by accounting rules or guidelines);
(e) as soon as available, but in any event not more than 30 days after the end of each fiscal year of the Company, a copy of the plan and forecast
(including a projected consolidated and consolidating balance sheet, income statement and funds flow statement in form acceptable to the Administrative
Agent) of the Company for each month of the upcoming fiscal year (the “ Projections”) in form reasonably satisfactory to the Administrative Agent;
(f) as soon as available, but in any event within 15 Business Days of the end of each calendar month (or within three Business Days of the end of
each week at any time during a Level 2 Minimum Aggregate Availability Period), an Aggregate Borrowing Base Certificate, a US Borrowing Base
Certificate, a UK Borrowing Base Certificate and a Dutch Borrowing Base Certificate, in each case which calculates such Borrowing Base, and
supporting information in connection therewith, together with any additional reports with respect to the Aggregate Borrowing Base, the US Borrowing
Base, the UK Borrowing Base or the Dutch Borrowing Base of a Borrower as the Administrative Agent or either Collateral Agent may reasonably
request; provided that no UK Borrowing Base Certificate or Dutch Borrowing Base Certificate or additional reports with respect thereto shall be required
if the European Sublimit shall have been terminated;
(g) as soon as available but in any event within 15 Business Days of the end of each calendar month (or, except as otherwise provided for on
Schedule 5.01(g), within three Business Days of the end of each week at any time during a Level 2 Minimum Aggregate Availability Period) and at such
other times as may be reasonably requested by the Administrative Agent or either Collateral Agent, as of the period then ended, all Borrowing Base
Supplemental Documentation.
(h) within 45 days of each March 31 and September 30, in the case of the US Loan Parties, and concurrently with any delivery of financial
statements under paragraphs (a) and (b) above (or within 15 days of the end of each calendar month during any European Full Cash Dominion Period,
in the case of the European Loan Parties), an updated customer list for each Loan Party, which list shall state the customer’s name, mailing address and
phone number (to the extent available) and shall be certified as true and correct by a Financial Officer of the Borrower Representative; [Reserved]
(i) promptly following any request therefor, such other information regarding the operations, business affairs and financial condition of any
Borrower or any Ssubsidiary, or compliance with the terms of this Agreement, as the Administrative Agent, either Collateral Agent or any Lender
(through the Administrative Agent) may reasonably request; and
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