OfficeMax 2013 Annual Report Download - page 268

after the occurrence and during the continuance of any Event of Default, each Loan Party shall provide the Administrative Agent, each Collateral Agent and
each Lender with access to its suppliers. The Loan Parties acknowledge that the Administrative Agent and each Collateral Agent, after exercising its rights of
inspection, may prepare and distribute to the Lenders certain Reports pertaining to the Loan Parties’ and their respective Subsidiaries assets for internal use by
the Administrative Agent, each Collateral Agent and the Lenders.
SECTION 5.07 Compliance with Laws. (a) Each Loan Party will, and will cause each of its Subsidiaries to, comply with all Requirements of Law
applicable to it or its property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material
Adverse Effect. All the legal requirements of the Luxembourg law of May 31, 1999, as amended, regarding domiciliation companies have been complied with
by the Luxembourg Borrower.
(b) US and Foreign Plans and Arrangements .
(i) For each existing, or hereafter adopted, Foreign Plan and Foreign Benefit Plan (together, a “ Company Plan”), each Loan Party will, and
will cause each Subsidiary to, in a timely fashion comply with and perform in all material respects all of its obligations under and in respect of
such Company Plan, including under any funding agreements and all applicable laws and regulatory requirements (whether discretionary or
otherwise).
(ii) All employer or employee payments, contributions or premiums required to be remitted, paid to or in respect of each Company Plan by a
Loan Party or any Subsidiary thereof shall be paid or remitted by each Loan Party and each Subsidiary thereof in a timely fashion in accordance
with the terms thereof, any funding agreements and all applicable laws.
(iii) The Loan Parties shall deliver to each Lender (A) if requested by such Lender, copies of each annual and other return, report or
valuation with respect to each Company Plan, as filed with any applicable Governmental Authority; (B) promptly following receipt thereof, copies
of any documents described in Sections 101(k) or 101(l) of ERISA that any Loan Party or any ERISA Affiliate may request with respect to any
Multiemployer Plan; provided, that if the Loan Parties or any of their ERISA Affiliates have not requested such documents or notices from the
administrator or sponsor of the applicable Multiemployer Plan, then, upon reasonable request of the Administrative Agent, the Loan Parties and/or
their ERISA Affiliates shall promptly make a request for such documents or notices from such administrator or sponsor and the Company shall
provide copies of such documents and notices to the Administrative Agent (on behalf of each requesting Lender) promptly after receipt thereof;
(C) promptly after receipt thereof, a copy of any material direction, order, notice, ruling or opinion that any Loan Party or any Subsidiary of any
Loan Party may receive from any applicable Governmental Authority with respect to any Company Plan; (D) notification within 30 days of any
increases having a cost to one or more of the Loan Parties and their Subsidiaries in excess of $10,000,000 per annum in the aggregate, in the
benefits of any existing Company Plan, or the establishment of any new Company Plan, or the commencement of contributions to any such plan
to which any Loan Party was not previously contributing; and (E) notification within 30 days of any voluntary or involuntary termination of, or
participation in, a Company Plan.
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