0001193125-13-069269 Sample Contracts

TERMINATION AGREEMENT
Termination Agreement • February 21st, 2013 • CIE Management II LTD • Retail-miscellaneous shopping goods stores • Delaware

This TERMINATION AGREEMENT (this “Agreement”) is made as of February 20, 2013, by and among Office Depot, Inc., a Delaware corporation (the “Company”), BC Partners, Inc., as the Investor Representative, and the several Investors listed on Schedule 1 hereto (the “Investors”). The Company, BC Partners, Inc. and the Investors are referred to collectively herein as the “Parties” and each individually as a “Party.”

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VOTING AGREEMENT
Voting Agreement • February 21st, 2013 • CIE Management II LTD • Retail-miscellaneous shopping goods stores • Delaware

This VOTING AGREEMENT (this “Agreement”), dated as of February 20, 2013, is by and among Office Depot, Inc., a Delaware corporation (“Office Depot”), OfficeMax Incorporated, a Delaware corporation (“OfficeMax”), BC Partners, Inc., a Delaware corporation (the “Investor Representative”), and the several Investors listed on Schedule 1 hereto (the “Investors”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Merger Agreement (as in effect as of the date hereof).

Amended and Restated Joint Filing Agreement
Joint Filing Agreement • February 21st, 2013 • CIE Management II LTD • Retail-miscellaneous shopping goods stores

On July 2, 2009, in accordance with Rule 13d-1(k) promulgated under the Securities Exchange Act of 1934, as amended, the undersigned entered into a Joint Filing Agreement (the “Joint Filing Agreement”). The undersigned desire to amend and restate the Joint Filing Agreement as follows:

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