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Table of Contents
Exhibit
Number Exhibit
10.40
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).*
10.41
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).*
10.42
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).*
10.43
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).
10.44
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).
10.45
Form of Fourth Amendment, dated as of May 1, 2015, 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, the Second
Amendment to the Amended and Restated Credit Agreement, dated as of March 4, 2013 and the Third Amendment to the Amended and
Restated Credit Agreement, dated as of November 1, 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 Quarterly Report on Form 10-Q, filed with the SEC on May 5, 2015).
10.46
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).**
10.47
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).
10.48
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).
122