AGREEMENT AND PLAN OF MERGER by and among OFFICE DEPOT, INC., STAPLES, INC. and STAPLES AMS, INC. Dated as of February 4, 2015Merger Agreement • February 4th, 2015 • Staples Inc • Retail-miscellaneous shopping goods stores • Delaware
This AGREEMENT AND PLAN OF MERGER (this "Agreement"), dated as of February 4, 2015, is by and among Office Depot, Inc., a Delaware corporation (the "Company"), Staples, Inc., a Delaware corporation ("Parent"), and Staples AMS, Inc., a Delaware corporation and a wholly owned Subsidiary of Parent ("Merger Sub").
Project Warrior $2,750,000,000 Senior Secured Term Loan Facility $3,000,000,000 ABL Facility Commitment LetterCommitment Letter • February 4th, 2015 • Staples Inc • Retail-miscellaneous shopping goods stores • Delaware
Staples, Inc. (the “Company” or “you”) has advised Bank of America, N.A. (together with any of its affiliates as may be appropriate to provide the services (but not, for the avoidance of doubt, to provide the commitments) contemplated herein, “Bank of America”), Merrill Lynch, Pierce, Fenner & Smith Incorporated (together with any of its affiliates as may be appropriate to provide the services contemplated herein, “MLPFS”) and Barclays Bank PLC (together with any of its affiliates as may be appropriate to provide the services (but not, for the avoidance of doubt, to provide the commitments) contemplated herein, “Barclays”, and together with Bank of America and MLPFS, collectively, the “Commitment Parties”, “we” or “us”) that it intends to (a) acquire an entity code-named “Omaha” (the “Target”) pursuant to an Agreement and Plan of Merger, dated as of the date hereof (together with all exhibits, annexes, schedules and other disclosure letters thereto, collectively, as modified, amended,
