UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (date of earliest event reported): October 21, 2009
Commission file number 1-10948
OFFICE DEPOT, INC.
(Exact name of registrant as specified in its charter)
| Delaware | 59-2663954 | |
| (State or other jurisdiction of incorporation or organization) |
(I.R.S. Employer Identification No.) |
| 6600 North Military Trail | ||
| Boca Raton, FL | 33496 | |
| (Address of principal executive offices) | (Zip Code) |
(561) 438-4800
(Registrant’s telephone number, including area code)
Former name or former address, if changed since last report:
None
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 (see General Instruction A.2. below):
| ¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
| Item 8.01 | Other Events. |
On October 21, 2009, the Board of Directors (the “Board”) of Office Depot, Inc. (the “Company”) adopted revised Corporate Governance Guidelines (the “Revised Guidelines”). The Revised Guidelines provide for, among other things, the future separation of the positions of Chief Executive Officer of the Company (the “CEO”) and Chair of the Board (the “Chair”) to allow an “independent” director of the Board to serve as the Chair. This provision will not apply to the Company’s sitting CEO whose employment agreement requires that he also serve as the Chair.
The foregoing description of the revisions of the Revised Guidelines does not purport to be complete and is qualified in its entirety by reference to the Revised Guidelines filed as Exhibit 99.1 to this Current Report on Form 8-K, which is incorporated herein by reference. The Revised Guidelines also are available on the Company's website at www.officedepot.com. No portion of this website is incorporated by reference into this Current Report on Form 8-K.
| Item 9.01 | Financial Statements and Exhibits. |
(d) The following exhibit is furnished herewith:
| Exhibit |
Description | |
| 99.1 | Office Depot, Inc. Corporate Governance Guidelines, as amended on October 21, 2009. | |
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SIGNATURE
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 thereunto duly authorized.
| OFFICE DEPOT, INC. | ||||
| Date: October 26, 2009 | By: | /S/ ELISA D. GARCIA C. | ||
| Elisa D. Garcia C. | ||||
| Executive Vice President, General Counsel & Corporate Secretary | ||||
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Exhibit Index
| Exhibit |
Description | |
| 99.1 | Office Depot, Inc. Corporate Governance Guidelines, as amended on October 21, 2009. | |
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