SEC FORM
3
SEC Form 3
| FORM 3 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES
Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
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| OMB APPROVAL |
| OMB Number: |
3235-0104 |
| Estimated average burden |
| hours per response: |
0.5 |
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1. Name and Address of Reporting Person*
| 667 MADISON AVENUE, 19TH FLOOR |
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(Street)
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2. Date of Event Requiring Statement
(Month/Day/Year)
06/23/2009
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3. Issuer Name and Ticker or Trading Symbol
OFFICE DEPOT INC
[ ODP ]
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4. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
| X |
Director |
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10% Owner |
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Officer (give title below) |
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Other (specify below) |
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5. If Amendment, Date of Original Filed
(Month/Day/Year)
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6. Individual or Joint/Group Filing (Check Applicable Line)
| X |
Form filed by One Reporting Person |
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Form filed by More than One Reporting Person |
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| Table I - Non-Derivative Securities Beneficially Owned |
|---|
| 1. Title of Security (Instr.
4)
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2.
Amount of Securities Beneficially Owned (Instr.
4)
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3. Ownership Form: Direct (D) or Indirect (I) (Instr.
5)
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4. Nature of Indirect Beneficial Ownership (Instr.
5)
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| No securities are beneficially owned |
0 |
D |
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Table II - Derivative Securities Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
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|---|
| 1. Title of Derivative Security (Instr.
4)
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2. Date Exercisable and Expiration Date
(Month/Day/Year) |
3. Title and Amount of Securities Underlying Derivative Security (Instr.
4)
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4. Conversion or Exercise Price of Derivative Security
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5. Ownership Form: Direct (D) or Indirect (I) (Instr.
5)
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6. Nature of Indirect Beneficial Ownership (Instr.
5)
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| Date Exercisable |
Expiration Date |
Title |
Amount or Number of Shares |
| Explanation of Responses: |
| Remarks: |
|
|
/S/ JAMES RUBIN |
07/02/2009 |
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** Signature of Reporting Person |
Date |
| Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. |
| * If the form is filed by more than one reporting person,
see
Instruction
5
(b)(v). |
| ** Intentional misstatements or omissions of facts constitute Federal Criminal Violations
See
18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
| Note: File three copies of this Form, one of which must be manually signed. If space is insufficient,
see
Instruction 6 for procedure. |
| Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |
rrd221630_250673.html
Exhibit 99.1
Mr. Rubin is associated with BC Partners, Inc., which acts as an advisor to (i)
BC European Capital VIII-1 to 12 (inclusive), each a United Kingdom limited
partnership ("Funds 1-12"); (ii) BC European Capital VIII-14 to 34 (inclusive),
each a United Kingdom limited partnership ("Funds 14-34" and together with Funds
1-12, the "CIE Investors"); (iii) BC European Capital VIII-35 SC to 39 SC
(inclusive), each a Societe Civiles organized under the laws of (the "LMBO
Investors" and together with the CIE Investors, the "Investors"); (iv) LMBO
Europe SAS, a Societe par actions simplifiee organized under the laws of France
("LMBO"); and (v) CIE Management II Limited, a limited corporation organized
under the laws of Guernsey, Channel Islands ("CIE"). BC Partners, Inc. has no
discretionary authority with respect to the investment decisions of any of the
foregoing entities.
CIE is the general partner of each of the CIE Investors and LMBO is Gerant as to
each of the LMBO Investors. BC Partners Holdings Limited, a limited corporation
organized under the laws of Guernsey, Channel Islands ("BCHL"), is the
controlling entity of each of (i) BC Partners, Inc.; (ii) CIE; and (iii) LMBO.
The Investors, CIE and LMBO may be deemed to be a "group" (within the meaning of
Section 13(d)(3) of the Securities Exchange Act) and, as such, may be deemed to
be beneficial owners of (y) 274,596 shares of 10% Series A Redeemable
Convertible Participating Perpetual Preferred Stock, par value $0.01 per share
and (z) 75,404 shares of 10% Series B Redeemable Conditional Convertible
Participating Perpetual Preferred Stock, par value $0.01 per share, of Office
Depot, Inc. (the "Issuer"), each Investor, however, disclaims beneficial
ownership with respect to the shares owned by each of the other Investors, CIE
and LMBO.
This Form 3 report does not include any securities of the Issuer that may be
deemed beneficially owned by the Investors, CIE or LMBO and Mr. Rubin disclaims
beneficial ownership of all such securities. This report shall not be deemed an
admission that Mr. Rubin is the beneficial owner of, or has any pecuniary
interest in, such securities for the purposes of Section 16 of the Securities
Exchange Act of 1934, as amended, or for any other purpose.
