FORM OF SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of May 13, 2016, among OFFICE DEPOT, INC., OFFICE DEPOT INTERNATIONAL (UK) LIMITED, OFFICE DEPOT UK LIMITED, OFFICE DEPOT INTERNATIONAL B.V., OFFICE DEPOT B.V., and OFFICE DEPOT FINANCE...Credit Agreement • May 17th, 2016 • Office Depot Inc • Retail-miscellaneous shopping goods stores • New York
SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of May 13, 2016 (as it may be amended or modified from time to time, this “Agreement”), among OFFICE DEPOT, INC., OFFICE DEPOT INTERNATIONAL (UK) LIMITED, OFFICE DEPOT UK LIMITED, OFFICE DEPOT INTERNATIONAL B.V., OFFICE DEPOT B.V., and OFFICE DEPOT FINANCE B.V., the other Loan Parties from time to time party hereto, the Lenders party hereto, JPMORGAN CHASE BANK, N.A., LONDON BRANCH, as European Administrative Agent and European Collateral Agent, JPMORGAN CHASE BANK, N.A., as Administrative Agent and US Collateral Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION and BANK OF AMERICA, N.A., as Syndication Agents, and U.S. BANK NATIONAL ASSOCIATION, FIFTH THIRD BANK, AN OHIO BANKING CORPORATION, SUNTRUST BANK and NYCB SPECIALTY FINANCE COMPANY, LLC as Documentation Agents.
TERMINATION AGREEMENTTermination Agreement • May 17th, 2016 • Office Depot Inc • Retail-miscellaneous shopping goods stores • Delaware
This Termination Agreement (this “Agreement”), dated as of May 16, 2016, is by and among Office Depot, Inc., a Delaware corporation (the “Company”), Staples, Inc., a Delaware corporation (“Parent”), and Staples AMS, Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub” and, together with the Company and Parent, the “Parties”). Capitalized terms used but not defined herein have the respective meanings given to them in the Merger Agreement (as defined below).
