Item 7.01 Regulation FD Disclosure

On October 29, 2008 Office Depot, Inc. (the "Company") determined that there was an inadvertent disclosure that the Company's fixed charge coverage ratio could be under 1.0 for the next four quarters. Pursuant to the terms of the Company's current asset-based credit facility (the "Credit Agreement"), the Company may not engage in share repurchases until the Company's fixed charge coverage ratio exceeds 1.0. The calculation of the fixed charge coverage ratio is set forth in the Credit Agreement which was filed by the Company on a current report on Form 8-K on October 9, 2008.

This Form 8-K is being furnished solely to satisfy the requirements of Regulation FD in light of the disclosure. The Company does not intend to update this disclosure or release similar information in the future. The furnishing of the information in this Item 7.01 is not intended to, and does not, constitute a representation that such furnishing is required by Regulation FD or that the information in this Item 7.01 is material information that is not otherwise publicly available.

This Form 8-K contains "forward-looking statements within the meaning of the safe harbor provisions of the federal securities laws. It should be read in conjunction with "Forward Looking Statements/Risk Factors and Cautionary Statement for Purposes of the 'Safe Harbor' Provisions of the Private Securities Litigation Reform Act of 1995" in the Company's periodic reports filed with the Securities and Exchange Commission, that discuss important factors that could cause the Company's results to differ materially from those anticipated in such statements.

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