Trading Partners

BOCA RATON, Fla. — Office Depot is extending an olive branch to its largest shareholder, Starboard Value LLP, to settle a dispute about who should serve on the company’s board of directors. 

In a press release, Office Depot said that if CEO Selection Committee members Tom Colligan and Marsha Evans are re-elected, the company would immediately invite to its board of directors any of the three Starboard nominees recommended by proxy advisory firms Institutional Shareholder Services (ISS) and Glass Lewis who are not elected.

Acton, Pa. -- Action Services Group, a national lighting, sign and electrical maintenance company, has signed a service agreement with The Starboard Group to provide exterior sign and lighting maintenance services for its 75 Wendy’s restaurant units.

The two-year maintenance program covers proactive, scheduled quarterly visits to the Wendy’s restaurant units located in Alabama, Florida, New Jersey, Pennsylvania, and Virginia under a fixed monthly fee.  

New York -- J.C. Penney Co. announced that activist investor and hedge fund manager Bill Ackman has resigned from the board of directors of the company, effective Aug. 12. His resignation comes in the wake of a very public and heated campaign in which he called for the ouster of Penney interim CEO Myron Ullman and chairman Thomas Engibous.

New York -- Jos. A. Bank Clothiers on Tuesday came under criticism from BeaconLight Capital LLC, which owns more than 1% of the men’s apparel chain. In an open letter to the company’s board, the investment manager called for a reorganization of the retailer's board and return of cash to shareholders, preferably through buy-backs.

Mooresville, N.C. -- The Aug. 9 deadline for additional bids on the proposed purchase of Orchard Supply Hardware by Lowe’s Companies Inc. has passed with no activity. This means Lowe’s can move ahead with plans to acquire the majority of assets of Orchard Supply Hardware, including 72 stores, for approximately $205 million in cash, plus the assumption of payables owed to nearly all of Orchard’s supplier partners, first announced June 17.

The field of candidates to serve as CEO of the merged Office Depot and OfficeMax has been narrowed to five with September set as the goal to have an executive in place to lead the $18 billion combined company.

OAKBROOK, Ill. — TreeHouse Foods has entered into an agreement with TorQuest Partners and other shareholders to acquire Associated Brands GP Corporation, a leading private label manufacturer of powdered drinks, specialty teas and sweeteners. 

New York City -- Scathing letters continued flying back and forth on Friday, between activist investor Bill Ackman and the J.C. Penney board of directors — each attacking the other’s handling of the CEO search process and timing.

Then, CNBC reported that Perry Capital, a 7% Penney stakeholder, has weighed in as well, and will file a 13-D urging the board to immediately remove Mike Ullman as CEO, and replace his leadership with Allen Questrom as chairman and Footlocker’s Ken Hicks as CEO.