Office Depot 2012 Annual Report Download - page 124

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The financing fee, calculated day by day on the balance of the current account, shall be applied to any remaining amount due by the
Client while the current account is not discharged, it being specified that any payment received from a debtor shall decrease the
financing fee base as soon as it is booked in on the account.
For example, in order to comply with the law, article L.313-4 of the French Monetary and Financial Code, the global effective rate
applicable on 21/02/12 would be 3,02 % (three point zero two per cent) a year, for a financed amount of €€60,000,000 (sixty million
euros) (maximum amount available after application of the formula stated in article 7 paragraph 4).
In the mandate revocation scenario stipulated in article 5 of Title 2 above, all costs incurred for management, recovery and receipt by
ABN AMRO COM FIN of the transferred receivables shall be payable exclusively by the Client.
All present or future taxes, fiscal duties and related charges which may become due as a result of execution of this Agreement shall be
payable exclusively by the Client.
Other services shall be invoiced based on the applicable pricing (Appendix 7).
8-3 Activation/deactivation fees:
ABN AMRO COM FIN shall receive a fixed fee of €€10,000 (ten thousand euros) excl. VAT for every activation/deactivation of the
financing line.
Article 9: ABN AMRO ComFin Online service
ABN AMRO COM FIN shall make available to the Client a range of ABN AMRO ComFin Online services, allowing it to view and
manage its current accounts and debtor accounts, as well as to make financing and/or approval requests, via the secure website located
at the following URL address:
www.abnamrocommfin-direct.fr.
The Client declares that it has received and accepted the General Terms and Conditions for Use of the ABN AMRO ComFin Online
Service (Appendix 6), which are also accessible at the following URL address:
www.abnamrocommfin-direct.fr.
Subscription to the service is agreed for an unspecified term and shall end at the same time as this Agreement.
However, the Client may terminate the Service by sending ABN AMRO COM FIN a registered letter with acknowledgement of
receipt. Termination shall be effective three months following the end of the month in which notification letter is sent.
The Client acknowledges that ABN AMRO COM FIN may not be held liable towards it or towards third parties for any termination
of its access to the Service under the conditions set out above.
Subscription to the ABN AMRO ComFin Online Service shall be subject to the applicable pricing conditions.
Article 10: Disclosure obligation and verification right
ABN AMRO COM FIN shall give notice to the Client of transactions involving the transferred receivables by sending it the
corresponding statements and a monthly summary itemizing the transactions that took place during the previous month. The Client
shall have the use of the electronic data system of ABN AMRO COM FIN.
The Client shall give notice to ABN AMRO COM FIN at once of any significant unfavourable event or any plan likely to seriously
impact shareholding structure or any change of its Chairman or its Managing Director. The Client shall provide ABN AMRO COM
FIN with a certified balance sheet including the notes thereto and its profit and loss account upon their establishment but no later than
the first week of July, it being specified that these documents shall be communicated as drafts if they have not been submitted to the
annual general assembly within this time. A copy of the reports certified by the statutory auditors shall also be communicated upon
their availability.
The Client undertakes to supply to ABN AMRO COM FIN on request a copy of its general terms and conditions of sale along with
any amendments thereto.
On request, the Client also undertakes to send ABN AMRO COM FIN a copy of agreements relating to year-end rebates and
advertising costs, as well as a copy of monthly VAT declarations.
The Client undertakes to send ABN AMRO COM FIN a quarterly operating report in US GAAP, at the latest one month after the end
of the calendar
q
uarter, alon
g
with the documents of similar nature re
q
uested b
y
ABN AMRO COM FIN.