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Guarantee of
Private Label Credit Card Receivables: Office Depot has private
label credit card programs that are managed by two financial services
companies. The Company acts as the guarantor of all loans between our
customers and the financial services companies. Maximum exposure to
offbalance sheet credit risk is represented by the outstanding balance
of private label credit card receivables, less reserves held by the
financial services companies which are funded by us. At December 29,
2001, maximum exposure totaled approximately $252.0 million.
Other: Office
Depot entered into an investment agreement with an Internetbased company
that may require Office Depot to fund an additional $2.5 million investment.
We are involved
in litigation arising in the normal course of business. In our opinion,
these matters will not materially affect our financial position or results
of operations.
Note
H Employee Benefit Plans
Long-Term Equity
Incentive Plan
The
Long-Term Equity Incentive Plan, which was approved effective October
1, 1997, provides for the grants of stock options and other incentive
awards, including restricted stock, to directors, officers and key employees.
After the merger with Viking was completed, their employee and director
stock option plans were terminated. When outstanding options issued
under Vikings prior plans are exercised, Office Depot common stock
is issued.
As of December
29, 2001, there were 49,457,044 shares of common stock reserved for
issuance to directors, officers and key employees under the Long-Term
Equity Incentive Plan. Under this plan, stock options must be granted
at an option price that is greater than or equal to the market price
of the stock on the date of the grant. If an employee owns at least
10% of our outstanding common stock, the option price must be at least
110% of the market price on the date of the grant.
Options granted
under this plan and options granted in July 1998 under Vikings
prior plans become exercisable from one to five years after the date
of grant, provided that the individual is continuously employed with
the Company. The vesting periods for all other options granted under
Vikings prior plans were accelerated, and the options became exercisable,
as of the date of our merger with Viking in August 1998. All options
granted expire no more than ten years from the date of grant.
Under this plan,
316,193 shares of restricted stock were issued at no cost to the employees,
63,565 of which have been canceled. The fair market value of these awards
approximated $3.9 million at the date of the grants. Common stock issued
under this plan is restricted, with vesting periods of up to four years
from the date of grant. Compensation expense is recognized over the
vesting period.
Tax benefits are
recorded based on an estimated stock options activity. Each year, the
prior years estimated tax benefit is adjusted based on the actual
stock sold during the year. In 2000, this adjustment resulted in a reduction
of estimated 1999 tax benefit and completely offset our 2000 estimated
tax benefit (See Note
K).
Long-Term Incentive
Stock Plan
Viking
had a Long-Term Incentive Stock Plan that, prior to the merger, allowed
Vikings management to award up to 2,400,000 restricted shares
of common stock to key Viking employees. Under this plan, 1,845,000
shares were issued at no cost to employees, 1,200,000 of which have
been canceled. Pursuant to the merger agreement, shares issued under
this plan were converted to Office Depot common stock, and no additional
shares may be issued under the plan. The fair market value of these
restricted stock awards approximated $10.0 million at the date of the
grants. Prior to the merger, the vesting period was 15 years. Because
of the plans change in control provision, however, the employees
now vest in their stock ratably over the 15-year period. Compensation
expense is recognized over the vesting period.
Employee Stock
Purchase Plan
The
Employee Stock Purchase Plan, which was approved effective July 1999,
replaces the prior plan and Vikings plan and permits eligible
employees to purchase our common stock at 85% of its fair market value.
The maximum aggregate number of shares eligible for purchase under this
plan is 3,125,000.
Other Stock-Based
Compensation Plans
There
are two stock-based compensation plans that are effective in Australia
and the United Kingdom. These plans allow eligible employees to purchase
up to 537,813 shares of common stock at 85% of its fair market value.
Retirement Savings
Plans
Office
Depot has a 401(k) retirement savings plan that allows eligible employees
to contribute up to 18% of their salaries, commissions and bonuses,
up to $10,500 annually, to the plan on a pretax basis in accordance
with the provisions of Section 401(k) of the Internal Revenue Code.
Matching contributions of common stock that are made into the plan are
equivalent to 50% of the first 3% of an employees contributions.
However, discretionary matching common stock contributions in addition
to the normal match may be made. The Company also has a deferred compensation
plan, which permits eligible employees, who are restricted from making
contributions to the 401(K) plan, to make tax-deferred contributions
of up to 18% of their salaries, commissions and bonuses to the plan.
Matching contributions to the deferred compensation plan are similar
to those under our 401(k) retirement savings plan described above. During
2001, $3.4 million was recognized as compensation expenses under the
programs.
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