0001225208-13-019958.txt : 20130913 0001225208-13-019958.hdr.sgml : 20130913 20130913165615 ACCESSION NUMBER: 0001225208-13-019958 CONFORMED SUBMISSION TYPE: 4/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20130909 FILED AS OF DATE: 20130913 DATE AS OF CHANGE: 20130913 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: MASSEY MICHAEL J CENTRAL INDEX KEY: 0001224120 FILING VALUES: FORM TYPE: 4/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-10948 FILM NUMBER: 131096871 MAIL ADDRESS: STREET 1: 3231 SE SIXTH AVENUE CITY: TOPEKA STATE: KS ZIP: 66607 4/A 1 doc4a.xml X0306 4/A 2013-09-09 2013-09-11 0000800240 OFFICE DEPOT INC ODP 0001224120 MASSEY MICHAEL J 6600 NORTH MILITARY TRAIL LEGAL DEPARTMENT BOCA RATON FL 33496 1 Restricted Stock Unit 2013-09-09 4 A 0 3241.0000 0.0000 A Common Stock 3241.0000 24325.0000 D Each restricted stock unit (an "RSU") represents a contingent right to receive one share of common stock. On September 11, 2013, a Form 4 reporting a grant of 3,241 shares of common stock was erroneously reported, as the reporting person has elected to take all equity grants of the Issuer in the form of RSUs. The common stock underlying such RSUs will be distributed to the reporting person after his services on the Board ends (see Footnote (2) below). On September 9, 2013, the Issuer's Board appointed the reporting person as the Chair of the Compensation Committee. As such, this grant was awarded to the reporting person as compensation for this service. Vested shares will be distributed to the reporting person 6 months after the effective date of resignation from the Board of Directors. As of the grant date, 25% of the RSUs vest immediately; and 75% of the RSUs will vest in full, if applicable, upon the earlier of: (1) the closing date of Issuer's merger with OfficeMax if the Reporting Person 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 the Reporting Person is not appointed to NewCo's Board, then the Reporting Person will immediately forfeit this portion of the equity award. Darlene Quashie Henry, Attorney-in-Fact 2013-09-13