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Table of Contents
As noted herein, certain documents incorporated by reference in this Exhibit Index have been filed previously by Office Depot, Inc. with the Securities
and Exchange Commission, Commission file number 1-10948 and certain documents have been filed previously by OfficeMax Incorporated with the
Securities and Exchange Commission, Commission file number 1-5057.
The Trust Indenture between Boise Cascade Corporation (now OfficeMax Incorporated) and Morgan Guaranty Trust Company of New York, Trustee,
dated October 1, 1985, as amended, was filed as exhibit 4 in OfficeMax Incorporateds Registration Statement on Form S-3 No. 33-5673, filed May 13,
1986. The Trust Indenture has been supplemented on seven occasions as follows: The First Supplemental Indenture, dated December 20, 1989, was
filed as exhibit 4.2 in OfficeMax Incorporateds Pre-Effective Amendment No. 1 to the Registration Statement on Form S-3 No. 33-32584, filed
December 20, 1989. The Second Supplemental Indenture, dated August 1, 1990, was filed as exhibit 4.1 in OfficeMax Incorporateds Current Report
on Form 8-K filed on August 10, 1990. The Third Supplemental Indenture, dated December 5, 2001, between Boise Cascade Corporation and BNY
Western Trust Company, as trustee, to the Trust Indenture dated as of October 1, 1985, between Boise Cascade Corporation and U.S. Bank Trust
National Association (as successor in interest to Morgan Guaranty Trust Company of New York) was filed as exhibit 99.2 in OfficeMax Incorporateds
Current Report on Form 8-K filed on December 10, 2001. The Fourth Supplemental Indenture dated October 21, 2003, between Boise Cascade
Corporation and U.S. Bank Trust National Association was filed as exhibit 4.1 in OfficeMax Incorporateds Current Report on Form 8-K filed on
October 20, 2003. The Fifth Supplemental Indenture dated September 16, 2004, among Boise Cascade Corporation, U.S. Bank Trust National
Association and BNY Western Trust Company was filed as exhibit 4.1 to OfficeMax Incorporateds Current Report on Form 8-K filed on September 22,
2004. The Sixth Supplemental Indenture dated October 29, 2004, between OfficeMax Incorporated and U.S. Bank Trust National Association was filed
as exhibit 4.1 to OfficeMax Incorporateds Current Report on Form 8-K filed on November 4, 2004. The Seventh Supplemental Indenture, made as of
December 22, 2004, between OfficeMax Incorporated and U.S. Bank Trust National Association was filed as exhibit 4.1 to OfficeMax Incorporateds
Current Report on Form 8-K filed on December 22, 2004. Each of the documents referenced in this footnote is incorporated herein by reference.
The Deferred Compensation and Benefits Trust, as amended and restated as of December 13, 1996, was filed as exhibit 10.18 in OfficeMax
Incorporateds Annual Report on Form 10-K for the fiscal year ended December 31, 1996. Amendment No. 4, dated July 29, 1999, to the Deferred
Compensation and Benefits Trust was filed as exhibit 10.18 in OfficeMax Incorporateds Annual Report on Form 10-K for the fiscal year ended
December 31, 1999. Amendment No. 5, dated December 6, 2000, to the Deferred Compensation and Benefits Trust was filed as exhibit 10.18 in
OfficeMax Incorporateds Annual Report on Form 10-K for the fiscal year ended December 31, 2000. Amendment No. 6, dated May 1, 2001, to the
Deferred Compensation and Benefits Trust was filed as exhibit 10 in OfficeMax Incorporateds Quarterly Report on Form 10-Q for the quarter ended
September 30, 2001. Each of the documents referenced in this footnote is incorporated herein by reference.
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