0000921895-13-001813.txt : 20130826
0000921895-13-001813.hdr.sgml : 20130826
20130826213417
ACCESSION NUMBER: 0000921895-13-001813
CONFORMED SUBMISSION TYPE: 4
PUBLIC DOCUMENT COUNT: 1
CONFORMED PERIOD OF REPORT: 20130822
FILED AS OF DATE: 20130826
DATE AS OF CHANGE: 20130826
ISSUER:
COMPANY DATA:
COMPANY CONFORMED NAME: OFFICE DEPOT INC
CENTRAL INDEX KEY: 0000800240
STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-MISCELLANEOUS SHOPPING GOODS STORES [5940]
IRS NUMBER: 592663954
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1229
BUSINESS ADDRESS:
STREET 1: 6600 NORTH MILITARY TRAIL
CITY: BOCA RATON
STATE: FL
ZIP: 33496
BUSINESS PHONE: 561-438-8176
MAIL ADDRESS:
STREET 1: 6600 NORTH MILITARY TRAIL
CITY: BOCA RATON
STATE: FL
ZIP: 33496
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Smith Jeffrey C
CENTRAL INDEX KEY: 0001362697
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-10948
FILM NUMBER: 131061235
MAIL ADDRESS:
STREET 1: C/O STARBOARD VALUE LP
STREET 2: 830 THIRD AVENUE, 3RD FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10022
4
1
form406297104_08262013.xml
OWNERSHIP DOCUMENT
X0306
4
2013-08-22
0
0000800240
OFFICE DEPOT INC
ODP
0001362697
Smith Jeffrey C
C/O STARBOARD VALUE LP
830 THIRD AVENUE, 3RD FLOOR
NEW YORK
NY
10022
1
0
1
0
Common Stock
2013-08-22
4
A
0
21084
0
A
21084
D
Represents the number of shares of the Issuer's common stock issued to Mr. Smith as compensation for service on the Issuer's Board of Directors, of which 25% vest immediately on the grant date; and 75% will vest in full, applicable, upon the earlier of: (1) the closing date of Issuer's merger with OfficeMax if Mr. Smith is appointed to the board after the merger (the "NewCo Board"), (2) the termination of Issuer's merger agreement with OfficeMax, or (3) the date of the 2014 Annual Shareholder Meeting for Office Depot. If the merger with OfficeMax closes and Mr. Smith is not appointed to NewCo's Board, then Mr. Smith will immediately forfeit this portion of the equity award.
As a member of a 13(d) group, Mr.Smith may be deemed to beneficially own the 42,100,000 shares of Common Stock that are beneficially owned in the aggregate by Starboard Value LP and its affiliates. Mr. Smith disclaims beneficial ownership of such shares of Common Stock except to the extent of his pecuniary interest therein.
/s/ Jeffrey C. Smith
2013-08-26