TERMINATION AGREEMENTTermination Agreement • February 22nd, 2013 • Office Depot Inc • Retail-miscellaneous shopping goods stores • Delaware
This TERMINATION AGREEMENT (this “Agreement”) is made as of February 20, 2013, by and among Office Depot, Inc., a Delaware corporation (the “Company”), BC Partners, Inc., as the Investor Representative, and the several Investors listed on Schedule 1 hereto (the “Investors”). The Company, BC Partners, Inc. and the Investors are referred to collectively herein as the “Parties” and each individually as a “Party.”
AGREEMENT AND PLAN OF MERGER BY AND AMONG OFFICE DEPOT, INC., DOGWOOD MERGER SUB INC., DOGWOOD MERGER SUB LLC, MAPLEBY HOLDINGS MERGER CORPORATION, MAPLEBY MERGER CORPORATION AND OFFICEMAX INCORPORATED February 20, 2013Merger Agreement • February 22nd, 2013 • Office Depot Inc • Retail-miscellaneous shopping goods stores • Delaware
This Agreement and Plan of Merger (this “Agreement”) is made and entered into as of February 20, 2013, by and among Office Depot, Inc., a Delaware corporation (“Office Depot”), Dogwood Merger Sub Inc., a Delaware corporation and a wholly owned direct subsidiary of Office Depot (“Merger Sub Two”), Dogwood Merger Sub LLC, a Delaware limited liability company and a wholly owned direct subsidiary of Office Depot (“Merger Sub Three”), Mapleby Holdings Merger Corporation, a Delaware corporation and a wholly owned direct subsidiary of OfficeMax (“Mapleby Holdco”), Mapleby Merger Corporation, a Delaware corporation and a wholly owned direct subsidiary of Mapleby Holdco (“Merger Sub One”), and OfficeMax Incorporated, a Delaware corporation (“OfficeMax” and, together with Office Depot, Merger Sub Two, Merger Sub Three, Mapleby Holdco and Merger Sub One, the “parties”).
