Office Depot 2009 Annual Report Download - page 91

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INDEX TO EXHIBITS
Exhibit
Number Exhibit
3.1 Restated Certificate of Incorporation (1)
3.2 Amended and Restated Bylaws (15)
3.3 Certificate of Elimination of the Junior Participating Preferred Stock, Series A (24)
3.4 Certificate of Designations of the 10.00% Series A Redeemable Convertible Participating
Perpetual Preferred Stock
(24)
3.5 Certificate of Designations of the 10.00% Series B Redeemable Conditional Convertible
Participating Perpetual Preferred Stock
(24)
4.1 Form of Certificate representing shares of Common Stock (2)
4.2 Indenture, dated as of August 11, 2003, for the $400 million 6.250% Senior Notes due August
15, 2013, by and between Office Depot, Inc. and SunTrust Bank
(3)
4.3 Supplemental Indenture No. 1, dated as of August 11, 2003, for the $400 million 6.250%
Senior Notes due August 15, 2013, by and between Office Depot, Inc. and SunTrust Bank
(4)
4.4 Supplemental Indenture No. 2, dated as of October 9, 2003, for the $400 million 6.250%
Senior Notes due August 15, 2013, by and between Office Depot, Inc. and SunTrust Bank
(4)
4.5 Investor Rights Agreement, dated as of June 23, 2009, by and among Office Depot, Inc., BC
Partners, Inc. and the investors named in the Investor Rights Agreement
(24)
4.6 Registration Rights Agreement, dated as of June 23, 2009, by and among Office Depot, Inc.,
BC Partners, Inc. and the investors named in the Registration Rights Agreement
(24)
10.01 Lease Agreement dated November 10, 2006, by and between Office Depot, Inc. and Boca 54
North LLC
(23)
10.02 First Amendment to Lease dated July 3, 2007, by and between Office Depot, Inc. and Boca 54
North LLC
(23)
10.03 Amended Offer Letter dated December 31, 2008, for the Employment of Michael Newman as
the Chief Financial Officer of Office Depot, Inc.* (filed with Office Depot, Inc.’s Annual
Report on Form 10-K filed with the SEC on February 23, 2010)
10.04 Offer Letter dated August 22, 2008, for the Employment of Michael Newman as the Chief
Financial Officer of Office Depot, Inc.*
(23)
10.05 Office Depot, Inc. 2007 Long-Term Incentive Plan* (5)
10.06 Form of Indemnification Agreement, dated as of September 4, 1996, by and between Office
Depot, Inc. and each of David I. Fuente, Mark D. Begelman, Cynthia R. Cohen, Herve
Defforey, W. Scott Hedrick, James L. Heskett, John B. Mumford, Michael J. Myers, Peter J.
Solomon, Alan L. Wurtzel, Barry J. Goldstein, F. Terry Bean, Richard M. Bennington,
Harry S. Brown, William P. Seltzer and R. John Schmidt, Jr.
(6)
10.07 Severance Agreement, including Release and Non-Competition Agreement, dated September
19, 2000, by and between Office Depot, Inc. and David I. Fuente (schedules and exhibits
omitted)*
(7)
10.08 Lifetime Consulting and Non-Competition Agreement dated as of March 1, 2002, by and
between Office Depot, Inc. and Irwin Helford*
(8)
10.09 Equity Award Agreement dated as of March 2, 2007, by and between Office Depot, Inc. and
Steve Odland*
(16)
89