rrd221627_250074.html

-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, LhS4/VJAPzmyHykEyz/xo+SsG16z+oozHikyzDmwayFmcE9WQ+zDSOxaRSBXxkIF 9zpVuCh4mo84CybL5H4DtA== 0001181431-09-033870.txt : 20090702 0001181431-09-033870.hdr.sgml : 20090702 20090702165457 ACCESSION NUMBER: 0001181431-09-033870 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090623 FILED AS OF DATE: 20090702 DATE AS OF CHANGE: 20090702 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Bateman Justin CENTRAL INDEX KEY: 0001467286 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-10948 FILM NUMBER: 09928163 MAIL ADDRESS: STREET 1: C/O BC PARTNERS STREET 2: 667 MADISON AVENUE, 19TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10065 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: 1227 BUSINESS ADDRESS: STREET 1: 6600 NORTH MILITARY TRAIL CITY: BOCA RATON STATE: FL ZIP: 33496 BUSINESS PHONE: 561-438-4800 MAIL ADDRESS: STREET 1: 6600 NORTH MILITARY TRAIL CITY: BOCA RATON STATE: FL ZIP: 33496 3 1 rrd247306.xml FORM 3 X0203 3 2009-06-23 0 0000800240 OFFICE DEPOT INC ODP 0001467286 Bateman Justin 667 MADISON AVENUE, 19TH FLOOR NEW YORK NY 10065 1 0 0 0 No securities are beneficially owned 0 D No securities are beneficially owned. See Exhibit 99.1 /s/ JUSTIN BATEMAN 2009-07-02 EX-99.1 2 rrd221627_250074.htm EXHIBIT rrd221627_250074.html

                                                                    Exhibit 99.1

Mr. Bateman is associated with BC Partners, Inc., which acts as an advisor to
(i) BC European Capital VIII-1 to 12 (inclusive), each a United Kingdom limited
partnership ("Funds 1-12"); (ii) BC European Capital VIII-14 to 34 (inclusive),
each a United Kingdom limited partnership ("Funds 14-34" and together with Funds
1-12, the "CIE Investors"); (iii) BC European Capital VIII-35 SC to 39 SC
(inclusive), each a Societe Civiles organized under the laws of (the "LMBO
Investors" and together with the CIE Investors, the "Investors"); (iv) LMBO
Europe SAS, a Societe par actions simplifiee organized under the laws of France
("LMBO"); and (v) CIE Management II Limited, a limited corporation organized
under the laws of Guernsey, Channel Islands ("CIE"). BC Partners, Inc. has no
discretionary authority with respect to the investment decisions of any of the
foregoing entities.

CIE is the general partner of each of the CIE Investors and LMBO is Gerant as to
each of the LMBO Investors. BC Partners Holdings Limited, a limited corporation
organized under the laws of Guernsey, Channel Islands ("BCHL"), is the
controlling entity of each of (i) BC Partners, Inc.; (ii) CIE; and (iii) LMBO.
The Investors, CIE and LMBO may be deemed to be a "group" (within the meaning of
Section 13(d)(3) of the Securities Exchange Act) and, as such, may be deemed to
be beneficial owners of (y) 274,596 shares of 10% Series A Redeemable
Convertible Participating Perpetual Preferred Stock, par value $0.01 per share
and (z) 75,404 shares of 10% Series B Redeemable Conditional Convertible
Participating Perpetual Preferred Stock, par value $0.01 per share, of Office
Depot, Inc. (the "Issuer"), each Investor, however, disclaims beneficial
ownership with respect to the shares owned by each of the other Investors, CIE
and LMBO.

This Form 3 report does not include any securities of the Issuer that may be
deemed beneficially owned by the Investors, CIE or LMBO and Mr. Bateman
disclaims beneficial ownership of all such securities. This report shall not be
deemed an admission that Mr. Bateman is the beneficial owner of, or has any
pecuniary interest in, such securities for the purposes of Section 16 of the
Securities Exchange Act of 1934, as amended, or for any other purpose.

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