SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
Date of Report: January 24, 2013
Commission file number 1-10948
OFFICE DEPOT, INC.
(Exact name of registrant as specified in its charter)
(Registrants telephone number, including area code)
Former name or former address, if changed since last report: N/A
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
On and effective January 24, 2013, the Board of Directors (the Board) of Office Depot, Inc. (the Company) amended and restated the Companys bylaws to extend, until February 25, 2013, the deadline for stockholders to nominate candidates for election to the Board at the Companys 2013 annual meeting of stockholders (the 2013 Annual Meeting).
The foregoing description is qualified in its entirety by the text of the amended and restated bylaws, a copy of which is attached hereto as Exhibit 3.1 and is incorporated herein by reference.
Attached hereto as Exhibit 99.1 and incorporated by reference herein is a copy of the Companys press release regarding the amendment and restatement of its bylaws.
Additional Information and Where to Find It
The Company plans to file with the Securities and Exchange Commission (the SEC) a proxy statement and white proxy card on Schedule 14A in connection with the 2013 Annual Meeting (the 2013 Proxy Materials). The 2013 Proxy Materials will contain important information about the Company, the 2013 Annual Meeting and related matters. Stockholders are urged to read the 2013 Proxy Materials carefully when they are available. Stockholders will be able to obtain free copies of the 2013 Proxy Materials and other documents filed with the SEC by the Company through the web site maintained by the SEC at www.sec.gov and by contacting the Companys Department of Investor Relations at 6600 North Military Trail, Boca Raton, FL 33496. In addition, stockholders can obtain free copies of the documents filed with the SEC on the Companys website at www.officedepot.com.
Participants in the Solicitation
The Company and its directors and executive officers may be deemed to be participants in the solicitation of proxies in respect of the 2013 Annual Meeting. Information regarding the Companys executive officers and directors is included in the Companys definitive proxy statement, which was filed with the SEC on March 15, 2012. The 2013 Proxy Statement regarding the 2013 Annual Meeting will provide more information about participants in the solicitation of proxies from the Companys stockholders, which participants may have interests different from the Companys stockholders generally. You can obtain free copies of these documents from the Company using the contact information above.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereto duly authorized.