8-K 1 d303183d8k.htm FORM 8-K

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 12, 2017

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: 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:

☐ | 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))

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§ 230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§ 240.12b-2 of this chapter).

Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

Item 2.02. | Results of Operations and Financial Condition.

On October 12, 2017, Office Depot, Inc., a Delaware corporation (the “Company”), will be providing the information furnished as Exhibit 99.1 to this Current Report on Form 8-K to certain lenders in connection with a lender presentation described in Item 7.01 below in anticipation of a possible $750 million term loan syndication.

Item 7.01. | Regulation FD Disclosure.

On October 12, 2017, the Company scheduled a lender presentation to discuss a possible $750 million term loan syndication, proceeds from which would be used to refinance the outstanding debt of CompuCom Systems, Inc. (“CompuCom”). The Company previously announced on October 3, 2017 that it had entered into an Agreement and Plan of Merger pursuant to which the Company will acquire CompuCom. A copy of the lender presentation is attached hereto as Exhibit 99.1.

There can be no assurances that any such term loan syndication will be completed.

The information contained in Items 2.02 and 7.01 to the Company’s Current Report on Form 8-K, including Exhibit 99.1 attached hereto, is being furnished and shall not be deemed “filed” for any purpose, and shall not be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, regardless of any general incorporation language in any such filing.

Item 9.01. | Financial Statements and Exhibits.

Exhibit 99.1 |  | October 12, 2017 Lender Presentation of Office Depot, Inc.

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 12, 2017 |  |  |  |  |  | /s/ N. David Bleisch
|  |  |  |  |  | N. David Bleisch
|  |  |  |  |  | Executive Vice President, Chief Legal Officer & Corporate Secretary