Common use of Amendment to Section 7.2 Clause in Contracts

Amendment to Section 7.2. (a) Section 7.2(b) of the Agreement is hereby amended by deleting the phrase “and Merger Sub Three” and inserting the word “and” between “Office Depot” and “Merger Sub Two” in Section 7.2(b) of the Agreement. (b) Section 7.2(d) of the Agreement is hereby amended and restated to read as follows: “OfficeMax shall have received a written tax opinion from OfficeMax’s Counsel, in form and substance reasonably satisfactory to OfficeMax, dated as of the Closing Date, to the effect that, on the basis of certain facts, representations and assumptions set forth or referred to in such opinion, each of the First Merger and the Second Merger will qualify for United States federal income tax purposes, as a “reorganization” within the meaning of Section 368(a) of the Code.”