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Table of Contents
Exhibit
Number Exhibit
10.27
Employment Agreement between the Company and Roland C. Smith (Incorporated by reference from Office Depot, Inc.’s Current Report
on Form 8-K, filed with the SEC on November 18, 2013).*
10.28
2013 Non-Qualified Stock Option Award Agreement between the Company and Roland C. Smith (Incorporated by reference from Office
Depot, Inc.’s Current Report on Form 8-K, filed with the SEC on November 18, 2013).*
10.29
2013 Restricted Stock Unit Award Agreement between the Company and Roland C. Smith (Incorporated by reference from Office Depot,
Inc.’s Current Report on Form 8-K, filed with the SEC on November 18, 2013).*
10.30
2013 Performance Share Award Agreement between the Company and Roland C. Smith (Incorporated by reference from Office Depot,
Inc.’s Current Report on Form 8-K, filed with the SEC on November 18, 2013).*
10.31
2003 OfficeMax Incentive and Performance Plan (amended and restated effective as of April 29, 2013) (Incorporated by reference to
Appendix A to the Definitive Proxy Statement of OfficeMax filed with the SEC on March 19, 2013).*
10.32
Amendment to the 2003 OfficeMax Incentive and Performance Plan dated November 6, 2013 (Incorporated by reference from Office
Depot, Inc.’s Form S-8, filed with the SEC on November 8, 2013).*
10.33
Settlement Agreement, dated August 20, 2013 between Office Depot, Inc. and Starboard Value L.P (and entities listed on Exhibit A of the
Settlement Agreement) (Incorporated by reference from Office Depot, Inc.’s Current Report on Form 8-K, filed with the SEC on August
21, 2013).
10.34
Letter Agreement between Office Depot, Inc. and Neil R. Austrian, dated April 5, 2013 (Incorporated by reference from Office Depot,
Inc.’s Current Report on Form 8-K, filed with the SEC on April 11, 2013).*
10.35
Restricted Stock Award Agreement between Office Depot, Inc. and Neil R. Austrian, dated April 5, 2013 (Incorporated by reference from
Office Depot, Inc.’s Current Report on Form 8-K, filed with the SEC on April 11, 2013).*
10.36
Restricted Stock Unit Award Agreement between Office Depot, Inc. and Neil R. Austrian, dated April 5, 2013 (Incorporated by reference
from Office Depot, Inc.’s Current Report on Form 8-K, filed with the SEC on April 11, 2013).*
10.37
Form of Letter Agreement (amending the Change in Control Agreements with each of Michael D. Newman, Elisa D. Garcia and Steve M.
Schmidt) (Incorporated by reference from Office Depot, Inc.’s Current Report on Form 8-K, filed with the SEC on February 26, 2013).*
10.38
Office Depot Omnibus Amendment to Outstanding Equity and Long-Term Incentive Awards (Incorporated by reference from Office
Depot, Inc.’s Current Report on Form 8-K, filed with the SEC on February 26, 2013).*
10.39
Form of Second Amendment, dated as of March 4, 2013, to the Amended and Restated Credit Agreement dated as of May 25, 2011, as
amended by the First Amendment to the Amended and Restated Credit Agreement, dated as of February 24, 2012, among Office Depot,
Inc., and certain of its European subsidiaries as Borrowers, JPMorgan Chase Bank, N.A., as Administrative Agent and U.S. Collateral
Agent, JPMorgan Chase Bank N.A., London Branch, as European Administrative and European Collateral Agent, and the other lenders
referred to therein (Incorporated by reference from Office Depot, Inc.’s Current Report on Form 8-K, filed with the SEC on March 6,
2013).
128