John J. Kelley III Jeffrey M. Stein King & Spalding LLP 1180 Peachtree Street Atlanta, Georgia 30309 (404) 572-4600 |
Morton A. Pierce Frank Adams Dewey Ballantine LLP 1301 Avenue of the Americas New York, New York 10019 (404) 259-8000 |
Transaction Valuation* $11,000,000,000 |
Amount of Filing Fee** $337,700 |
Amount Previously Paid: $337,700
|
Filing Party: The Home Depot, Inc. | |
Form or Registration No.: Schedule TO/005-33175
|
Date Filed: July 10, 2007 |
o | third party tender offer subject to Rule 14d-1. | ||
þ | issuer tender offer subject to Rule 13e-4. | ||
o | going private transaction subject to Rule 13e-3. | ||
o | amendment to Schedule 13D under Rule 13d-2. |
ITEM 12. EXHIBITS. | ||||||||
SIGNATURE | ||||||||
Exhibit Index | ||||||||
EX-99.(A)(5)(H) PRESS RELEASE DATED AUGUST 9, 2007 | ||||||||
EX-99.(A)(5)(I) COMMUNICATION TO ASSOCIATES FROM FRANK BLAKE, DATED AUGUST 9, 2007 |
(a)(5)(H)*
|
Press Release dated August 9, 2007 | |
(a)(5)(I)*
|
Communication to Associates from Frank Blake, dated August 9, 2007 |
* | Filed herewith. |
2
Date: August 9, 2007 | THE HOME DEPOT, INC. |
|||
By: | /s/ Jack VanWoerkom | |||
Name: | Jack VanWoerkom | |||
Title: | Executive Vice President, General Counsel and Corporate Secretary | |||
3
(a)(1)(A)
|
Offer to Purchase, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(A)] | |
(a)(1)(B)
|
Letter of Transmittal [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(B)] | |
(a)(1)(C)
|
Notice of Guaranteed Delivery [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(C)] | |
(a)(1)(D)
|
Letter to Brokers, Dealers, Commercial Banks, Trust Companies and Other Nominees, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(D)] | |
(a)(1)(E)
|
Letter to Clients for use by Brokers, Dealers, Commercial Banks, Trust Companies and Other Nominees, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(E)] | |
(a)(1)(F)
|
Letter to participants in FutureBuilder Plans, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(F)] | |
(a)(1)(G)
|
Withdrawal form provided to participants in FutureBuilder Plans [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(G)] | |
(a)(1)(H)
|
Election form provided to participants in FutureBuilder Plans [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(F)] | |
(a)(1)(I)
|
Letter to participants in Canada Plans, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(I)] | |
(a)(1)(J)
|
Withdrawal form provided to participants in Canada Plans [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(J)] | |
(a)(1)(K)
|
Election form provided to participants in Canada Plans [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(K)] | |
(a)(1)(L)
|
Letter to participants in the Employee Stock Purchase Plans, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(L)] | |
(a)(1)(M)
|
Withdrawal form provided to participants in the Employee Stock Purchase Plans [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(M)] | |
(a)(1)(N)
|
Election form provided to participants in the Employee Stock Purchase Plans [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(N)] | |
(a)(1)(O)
|
Letter provided to Equity Plan participants, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(O)] | |
(a)(1)(P)
|
Letter to Option Holders from The Home Depot, Inc., dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(P)] | |
(a)(1) (Q)
|
Letter to Option Holders from The Home Depot, Inc., dated July 11, 2007 [Designated on Amendment No. 1 to Schedule TO filed on July 11, 2007 as Exhibit (a)(1)(Q)] | |
(a)(2)
|
Not Applicable | |
(a)(3)
|
Not Applicable | |
(a)(4)
|
Not Applicable | |
(a)(5)(A)
|
Press Release, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(5)(A)] |
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(a)(5)(B)
|
Summary Advertisement, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(5)(B)] | |
(a)(5)(C)
|
Communication to Associates from Francis S. Blake, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(5)(C)] | |
(a)(5)(D)
|
Communications to Designated Associates, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(5)(D)] | |
(a)(5)(E)
|
Transcript from July 10, 2007 Investor Conference [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(5)(E)] | |
(a)(5)(F)
|
Slides presented at Investor Conference on July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(5)(F)] | |
(a)(5)(G)
|
Communication and Talking Points for Human Resources Managers, July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(5)(G)] | |
(a)(5)(H)*
|
Press Release dated August 9, 2007 | |
(a)(5)(I)*
|
Communication to Associates from Frank Blake, dated August 9, 2007 | |
(b)
|
Tender Offer Financing Facility Commitment Letter between The Home Depot, Inc., Lehman Commercial Paper Inc., Merrill Lynch Capital Corporation and certain of their affiliates, dated July 9, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (b)] | |
(c)
|
Not Applicable | |
(d)(1)
|
2005 Omnibus Stock Incentive Plan [Form 8-K filed on May 27, 2005, Exhibit 10.8] | |
(d)(2)
|
1997 Omnibus Stock Incentive Plan [Form 10-Q for the fiscal quarter ended August 4, 2002, Exhibit 10.1] | |
(d) (3)
|
The Home Depot, Inc. Amended and Restated Employee Stock Purchase Plan, as amended and restated effective July 1, 2004. [Form 10-Q for the fiscal quarter ended November 2, 2003, Exhibit 10.1] | |
(d)(4)
|
Amendment No.1 to The Home Depot, Inc. Amended and Restated Employee Stock Purchase Plan, effective July 1, 2004 [Form 10-Q for the fiscal quarter ended August 1, 2004, Exhibit 10.2] | |
(d)(5)
|
The Home Depot, Inc. Non-U.S. Employee Stock Purchase Program [Form 10-K for the fiscal year ended February 2, 2003, Exhibit 10.36] | |
(d)(6)
|
The Home Depot FutureBuilder, a 401(k) and Stock Ownership Plan, as amended and restated effective July 1, 2004 [Form 10-Q for the fiscal quarter ended October 31, 2004, Exhibit 10.5] | |
(d)(7)
|
The Home Depot Future Builder Restoration Plan [Form 10-K for the fiscal year ended January 28, 2001, Exhibit 10.10] | |
(d)(8)
|
Third Amendment to The Home Depot Future Builder Restoration Plan, effective March 1, 2005 [Form 10-Q for the fiscal quarter ended August 1, 2004, Exhibit 10.1] | |
(d)(9)
|
The Home Depot FutureBuilder for Puerto Rico [Form 10-K for the fiscal year ended February 2, 2003, Exhibit 10.35] | |
(d)(10)
|
First Amendment to The Home Depot FutureBuilder for Puerto Rico, effective July 5, 2004 [Form S-8 (File No. 333-125332) filed May 27, 2005, Exhibit 10.3] | |
(d)(11)
|
The Home Depot, Inc. Non-Employee Directors Deferred Compensation Plan [Form 10-K for the fiscal year ended February 2, 2003, Exhibit 10.37] | |
(d)(12)
|
DepotDirect Prospectus [Form S-3 filed on February 13, 2006] | |
(e)
|
Not Applicable | |
(f)
|
Not Applicable | |
(g)
|
Not Applicable | |
(h)
|
Not Applicable |
* | Filed herewith. |
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