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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940 |
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Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | |||
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 control number. | SEC 1474 (9-02) |
1. Title of Derivative Security (Instr. 3) |
2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) |
5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4, and 5) |
6. Date Exercisable and Expiration Date (Month/Day/Year) |
7. Title and Amount of Underlying Securities (Instr. 3 and 4) |
8. Price of Derivative Security (Instr. 5) |
9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) |
10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) |
11. Nature of Indirect Beneficial Ownership (Instr. 4) |
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Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
Purchase Option | $ 2.21 | 11/05/2013 | D | 472 | 07/01/2000 | (2) | Common Stock | 472 | (2) | 0 | D | ||||
Purchase Option | $ 2.21 | 11/05/2013 | D | 1,895 | 07/01/2001 | (3) | Common Stock | 1,895 | (3) | 0 | D | ||||
Purchase Option | $ 2.21 | 11/05/2013 | D | 883 | 07/01/2002 | (4) | Common Stock | 883 | (4) | 0 | D | ||||
Purchase Option | $ 2.21 | 11/05/2013 | D | 1,066 | 07/01/2003 | (5) | Common Stock | 1,066 | (5) | 0 | D | ||||
Purchase Option | $ 2.21 | 11/05/2013 | D | 117 | 07/01/2004 | (6) | Common Stock | 117 | (6) | 0 | D | ||||
Purchase Option | $ 2.21 | 11/05/2013 | D | 90 | 07/01/2005 | (7) | Common Stock | 90 | (7) | 0 | D |
Reporting Owner Name / Address | Relationships | |||
Director | 10% Owner | Officer | Other | |
DE LUZURIAGA FRANCESCA RUIZ C/O OFFICEMAX INCORPORATED 263 SHUMAN BLVD. NAPERVILLE, IL 60563 |
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/s/ Matthew R. Broad, by POA from Francesca Ruiz de Luzuriaga | 11/07/2013 | |
**Signature of Reporting Person | Date |
* | If the form is filed by more than one reporting person, see Instruction 4(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). |
(1) | Disposed of pursuant to a merger agreement between OfficeMax Incorporated (the "Company"), Office Depot, Inc. ("ODP") and their respective subsidiaries, in exchange for 2,690 unrestricted shares of ODP common stock, 2,919 restricted shares of ODP common stock and 193,613 ODP restricted stock units, on the effective date of the merger (such merger, the "Merger") (in accordance with the exchange ratio set forth in the merger agreement pursuant to which each share of the Company's common stock was exchanged for 2.69 shares of ODP common stock). The closing price of ODP common stock on November 5, 2013 (the effective date of the Merger) was $5.65 per share. |
(2) | This stock option, which provided for expiration three years after the reporting person's termination as a director of the Company, was assumed by ODP in connection with the Merger and replaced with an option to purchase 1,269 shares of ODP common stock for $0.83 per share. |
(3) | This stock option, which provided for expiration three years after the reporting person's termination as a director of the Company, was assumed by ODP in connection with the Merger and replaced with an option to purchase 5,097 shares of ODP common stock for $0.83 per share. |
(4) | This stock option, which provided for expiration three years after the reporting person's termination as a director of the Company, was assumed by ODP in connection with the Merger and replaced with an option to purchase 2,375 shares of ODP common stock for $0.83 per share. |
(5) | This stock option, which provided for expiration three years after the reporting person's termination as a director of the Company, was assumed by ODP in connection with the Merger and replaced with an option to purchase 2,867 shares of ODP common stock for $0.83 per share. |
(6) | This stock option, which provided for expiration three years after the reporting person's termination as a director of the Company, was assumed by ODP in connection with the Merger and replaced with an option to purchase 314 shares of ODP common stock for $0.83 per share. |
(7) | This stock option, which provided for expiration three years after the reporting person's termination as a director of the Company, was assumed by ODP in connection with the Merger and replaced with an option to purchase 242 shares of ODP common stock for $0.83 per share. |
Remarks: In connection with the Merger (defined in the footnotes above), Mapleby Holdings Merger Corporation has become the successor registrant to OfficeMax Incorporated. |