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Table of Contents
Exhibit
Number Exhibit
10.40
Form of Third Amendment, dated as of November 5, 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 and the Second
Amendment to the Amended and Restated Credit Agreement, dated as of March 4, 2013, 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 Annual Report on Form 10-K, filed with the SEC on February 25, 2014).
10.41
Paper Purchase Agreement dated June 25, 2011 between Boise White Paper, L.L.C. and OfficeMax Incorporated (Incorporated by
reference from OfficeMax Incorporated’s Quarterly Report on Form 10-Q/A, filed with the SEC on October 24, 2011).**
10.42
Retention Agreement between Office Depot, Inc. and Ms. Deborah O’Connor dated March 21, 2014 (Incorporated by reference from
Office Depot’s Current Report on Form 8-K, filed with the SEC on March 24, 2014).
10.43
Second Amendment to 2013 Performance Share Award Agreement between Office Depot, Inc. and Roland C. Smith (Incorporated by
reference from Office Depot’s Quarterly Report on Form 10-Q, filed with the SEC on May 6, 2014).
10.44
Award Agreement for 2014 Cash-Settled Performance Award between Office Depot, Inc. and Roland C. Smith (Incorporated by reference
from Office Depot’s Quarterly Report on Form 10-Q, filed with the SEC on May 6, 2014).
10.45
Second Amendment to 2013 Performance Share Award Agreement between Office Depot, Inc. and Stephen E. Hare (Incorporated by
reference from Office Depot’s Quarterly Report on Form 10-Q, filed with the SEC on May 6, 2014).
10.46
Form of 2014 Restricted Stock Award Agreement (Incorporated by reference from Office Depot’s Quarterly Report on Form 10-Q, filed
with the SEC on May 6, 2014).
10.47
Form of 2014 Performance Share Award Agreement (Incorporated by reference from Office Depot’s Quarterly Report on Form 10-Q, filed
with the SEC on May 6, 2014).
10.48
Second Amendment to the Office Depot, Inc. 2007 Long-Term Incentive Plan (Incorporated by reference from Office Depot’s Quarterly
Report on Form 10-Q, filed with the SEC on May 6, 2014).
10.49
Letter Agreement between Office Depot, Inc. and Mark Cosby dated July 14, 2014 (Incorporated by reference from Office Depot’s
Current Report on Form 8-K, filed with the SEC on July 21, 2014).
10.50
Sign-On Bonus Agreement between Office Depot, Inc. and Mark Cosby dated July 14, 2014 (Incorporated by reference from Office
Depot’s Current Report on Form 8-K, filed with the SEC on July 21, 2014).
10.51
The Office Depot, Inc. Executive Change in Control Severance Plan effective August 1, 2014 (Incorporated by reference from Office
Depot’s Current Report on Form 8-K. filed with the SEC on August 7, 2014).
10.52
Form of Notice of Selection for Participation in Executive Change in Control Severance Plan and Notice of Non-Renewal of Change in
Control Agreement (Incorporated by reference from Office Depot’s Current Report on Form 8-K, filed with the SEC on August 7, 2014).
10.53
Form of Settlement Agreement (Incorporated by reference from Office Depot’s Current Report on Form 8-K, filed with the SEC on
December 23, 2014)
129