John J. Kelley III | Morton A. Pierce | |
Jeffrey M. Stein | Frank Adams | |
King & Spalding LLP | Dewey Ballantine LLP | |
1180 Peachtree Street | 1301 Avenue of the Americas | |
Atlanta, Georgia 30309 | New York, New York 10019 | |
(404) 572-4600 | (404) 259-8000 |
Transaction Valuation* | Amount of Filing Fee** | |
$11,000,000,000 | $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 |
Date: September 10, 2007
|
THE HOME DEPOT, INC. | |||
By: | /s/ Jack A. VanWoerkom | |||
Name: Jack A. VanWoerkom | ||||
Title: Executive Vice President, General Counsel and Corporate Secretary |
(a)(1)(A)
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Offer to Purchase, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(A)] | |
(a)(1)(B)
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Letter of Transmittal [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(B)] | |
(a)(1)(C)
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Notice of Guaranteed Delivery [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(C)] | |
(a)(1)(D)
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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)
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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)
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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)
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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)
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Election form provided to participants in FutureBuilder Plans [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(1)(H)] | |
(a)(1)(I)
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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)
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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)
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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)
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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)
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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)
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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)
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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)(1)(R)
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Supplement to Offer to Purchase, dated August 10, 2007 [Designated on Amendment No. 3 to Schedule TO filed on August 10, 2007 as Exhibit (a)(1)(R)] | |
(a)(1)(S)
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Amended Letter of Transmittal [Designated on Amendment No. 3 to Schedule TO filed on August 10, 2007 as Exhibit (a)(1)(S)] | |
(a)(1)(T)
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Amended Notice of Guaranteed Delivery [Designated on Amendment No. 3 to Schedule TO filed on August 10, 2007 as Exhibit (a)(1)(T)] | |
(a)(1)(U)
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Letter to Brokers, Dealers, Commercial Banks, Trust Companies and Other Nominees, dated August 10, 2007 [Designated on Amendment No. 3 to Schedule TO filed on August 10, 2007 as Exhibit (a)(1)(U)] | |
(a)(1)(V)
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Letter to Clients for use by Brokers, Dealers, Commercial Banks, Trust Companies and Other Nominees, dated August 10, 2007 [Designated on Amendment No. 3 to Schedule TO filed on August 10, 2007 as Exhibit (a)(1)(V)] | |
(a)(1)(W)
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Letter to participants in FutureBuilder Plans, dated August 10, 2007 [Designated on Amendment No. 3 to Schedule TO filed on August 10, 2007 |
as Exhibit (a)(1)(W)] | ||
(a)(1)(X)
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Amended election form provided to participants in FutureBuilder Plans [Designated on Amendment No. 3 to Schedule TO filed on August 10, 2007 as Exhibit (a)(1)(X)] | |
(a)(1)(Y)
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Letter to participants in Canada Plans, dated August 10, 2007 [Designated on Amendment No. 3 to Schedule TO filed on August 10, 2007 as Exhibit (a)(1)(Y)] | |
(a)(1)(Z)
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Amended election form provided to participants in Canada Plans [Designated on Amendment No. 3 to Schedule TO filed on August 10, 2007 as Exhibit (a)(1)(Z)] | |
(a)(1)(AA)
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Letter to participants in Employee Stock Purchase Plan, dated August 10, 2007 [Designated on Amendment No. 3 to Schedule TO filed on August 10, 2007 as Exhibit (a)(1)(AA)] | |
(a)(1)(BB)
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Amended election form provided to participants in the Employee Stock Purchase Plan [Designated on Amendment No. 3 to Schedule TO filed on August 10, 2007 as Exhibit (a)(1)(BB)] | |
(a)(1)(CC)
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Letter to option holders from The Home Depot, Inc., dated August 10, 2007 [Designated on Amendment No. 3 to Schedule TO filed on August 10, 2007 as Exhibit (a)(1)(CC)] | |
(a)(2)
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Not Applicable | |
(a)(3)
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Not Applicable | |
(a)(4)
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Not Applicable | |
(a)(5)(A)
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Press Release, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(5)(A)] | |
(a)(5)(B)
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Summary Advertisement, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(5)(B)] | |
(a)(5)(C)
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Communication to Associates from Frank Blake, dated July 10, 2007 [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(5)(C)] | |
(a)(5)(D)
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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)
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Transcript from July 10, 2007 Investor Conference [Designated on Schedule TO filed on July 10, 2007 as Exhibit (a)(5)(E)] | |
(a)(5)(F)
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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)
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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)
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Press Release dated August 9, 2007 [Designated on Amendment No. 2 to Schedule TO filed on August 9, 2007 as Exhibit (a)(5)(H)] | |
(a)(5)(I)
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Communication to Associates from Frank Blake, dated August 9, 2007 [Designated on Amendment No. 2 to Schedule TO filed on August 9, 2007 as Exhibit (a)(5)(I)] | |
(a)(5)(J)
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Press Release dated August 14, 2007 [Designated on Amendment No. 4 to Schedule TO filed on August 14, 2007 as Exhibit (a)(5)(J)] | |
(a)(5)(K)
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Transcript from August 14, 2007 Earnings Conference Call [Designated on Amendment No. 4 to Schedule TO filed on August 14, 2007 as Exhibit (a)(5)(K)] | |
(a)(5)(L)
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Press Release, dated August 30, 2007 [Designated on Amendment No. 5 to Schedule TO filed on August 30, 2007 as Exhibit (a)(5)(L)] | |
(a)(5)(M)
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Press Release, dated September 4, 2007 [Designated on Amendment No. 6 to Schedule TO filed on September 4, 2007 as Exhibit (a)(5)(M)] | |
(a)(5)(N)*
|
Press Release, dated September 10, 2007 | |
(b)(1)
|
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)] | |
(b)(2)
|
Amendment No.1 to 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 August 10, 2007 [Designated on Amendment No. 3 to Schedule TO filed on August 10, 2007 as Exhibit (b)(2)] | ||
(b)(3)
|
Credit Agreement between The Home Depot, Inc., Lehman Commercial Paper Inc., Merrill Lynch Capital Corporation and certain of their affiliates, dated August 28, 2007 [Designated on Amendment No. 5 to Schedule TO filed on August 30, 2007 as Exhibit (b)(3)] | |
(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 |