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Actionable news in ODP: Office Depot, Inc.,

Prospectuses and communications, business combinations

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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): November 11, 2015

STAPLES, INC.

(Exact name of registrant as specified in charter)

Registrants telephone number, including area code: 508-253-5000

(Former name or former address, if changed since last report)

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:

x Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 8.01 Other Events.

As previously disclosed, on September 25, 2015, the European Commission announced that it has opened a Phase II review of the proposed acquisition of Office Depot, Inc. (Office Depot) by Staples, Inc. (Staples) under the EU Merger Regulation, which provided the European Commission until February 10, 2016 to issue its decision. On November 11, 2015, the European Commission, Office Depot and Staples mutually agreed to a 15 working day extension of the deadline for the Phase II review. If an early decision is not granted, the Commission will have until March 2, 2016 to make a final decision.

IMPORTANT ADDITIONAL INFORMATION

In connection with the proposed merger, Staples has filed with the Securities and Exchange Commission (the SEC) a registration statement on Form S-4 that includes a proxy statement of Office Depot that also constitutes a prospectus of Staples. Staples filed the final proxy...


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