Citibank (South Dakota), N.A.Merchant Services Agreement • December 31st, 2008 • Office Depot Inc • Retail-miscellaneous shopping goods stores
Reference is made to your letter of December 28, 2008 relative to the Amended and Restated Merchant Services Agreement dated as of February 1, 2004 by and between Office Depot, Inc. (“Office Depot”) and Citibank (South Dakota), N.A. (“Citi”), as amended (the “Agreement”). Further reference is made to the Material Adverse Change in the condition of Company under the Agreement resulting from the December 15, 2008 rating downgrade of Office Depot’s senior unsecured debt by Standard & Poors (the “MAC Event”). In your letter, you requested a limited standstill of Citi’s right to terminate the Agreement and cause Office Depot to purchase the program Assets due to the MAC Event.
AMENDED AND RESTATED MERCHANT SERVICES AGREEMENTMerchant Services Agreement • December 31st, 2008 • Office Depot Inc • Retail-miscellaneous shopping goods stores • New York
This AMENDED AND RESTATED MERCHANT SERVICES AGREEMENT (“Agreement”) made as of February 1, 2004, by and between CITIBANK USA, N.A. (“Bank”), a national banking association organized and existing under the laws of the United States, with its principal place of business at Sioux Falls, South Dakota, and OFFICE DEPOT, INC., for itself and its Subsidiaries, as hereafter defined (“Company”), a corporation organized and existing under the laws of the State of Delaware, with its offices at 2200 Old Germantown Road, Delray Beach, Florida 33445.
December 28, 2008 Citibank (South Dakota), N.A.Merchant Services Agreement • December 31st, 2008 • Office Depot Inc • Retail-miscellaneous shopping goods stores
Citibank (South Dakota), N.A.Merchant Services Agreement • December 31st, 2008 • Office Depot Inc • Retail-miscellaneous shopping goods stores
Re: Amended and Restated Merchant Services Agreement dated as of February 1, 2004 by and between Office Depot, Inc. and Citibank (South Dokota), N.A.
