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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 2/22/18 NetApp, Inc. 10-Q 1/26/18 104:11M ActiveDisclosure/FA |
Document/Exhibit Description Pages Size 1: 10-Q Quarterly Report HTML 880K 2: EX-10.1 Material Contract HTML 43K 3: EX-10.2 Material Contract HTML 43K 4: EX-10.3 Material Contract HTML 43K 5: EX-10.4 Material Contract HTML 107K 6: EX-31.1 Certification -- §302 - SOA'02 HTML 36K 7: EX-31.2 Certification -- §302 - SOA'02 HTML 36K 8: EX-32.1 Certification -- §906 - SOA'02 HTML 32K 9: EX-32.2 Certification -- §906 - SOA'02 HTML 32K 16: R1 Document and Entity Information HTML 51K 17: R2 Condensed Consolidated Balance Sheets (Unaudited) HTML 115K 18: R3 Condensed Consolidated Balance Sheets (Unaudited) HTML 38K (Parenthetical) 19: R4 Condensed Consolidated Statements of Operations HTML 101K (Unaudited) 20: R5 Condensed Consolidated Statements of Comprehensive HTML 71K Income (Loss) (Unaudited) 21: R6 Condensed Consolidated Statements of Cash Flows HTML 126K (Unaudited) 22: R7 Description of Business and Significant Accounting HTML 38K Policies 23: R8 Recent Accounting Standards Not Yet Effective HTML 46K 24: R9 Statements of Cash Flows Additional Information HTML 58K 25: R10 Business Combinations HTML 34K 26: R11 Goodwill and Purchased Intangible Assets, Net HTML 149K 27: R12 Balance Sheet Details HTML 243K 28: R13 Other Income (Expense), Net HTML 68K 29: R14 Financial Instruments and Fair Value Measurements HTML 239K 30: R15 Financing Arrangements HTML 127K 31: R16 Stockholders' Equity HTML 288K 32: R17 Derivatives and Hedging Activities HTML 69K 33: R18 Restructuring Charges HTML 53K 34: R19 Income Taxes HTML 52K 35: R20 Net Income (Loss) per Share HTML 101K 36: R21 Segment, Geographic, and Significant Customer HTML 132K Information 37: R22 Commitments and Contingencies HTML 44K 38: R23 Description of Business and Significant Accounting HTML 48K Policies (Policies) 39: R24 Statements of Cash Flows Additional Information HTML 57K (Tables) 40: R25 Goodwill and Purchased Intangible Assets, Net HTML 154K (Tables) 41: R26 Balance Sheet Details (Tables) HTML 254K 42: R27 Other Income (Expense), Net (Tables) HTML 68K 43: R28 Financial Instruments and Fair Value Measurements HTML 237K (Tables) 44: R29 Financing Arrangements (Tables) HTML 120K 45: R30 Stockholders' Equity (Tables) HTML 306K 46: R31 Derivatives and Hedging Activities (Tables) HTML 69K 47: R32 Restructuring Charges (Tables) HTML 53K 48: R33 Income Taxes (Tables) HTML 41K 49: R34 Net Income (Loss) per Share (Tables) HTML 101K 50: R35 Segment, Geographic, and Significant Customer HTML 141K Information (Tables) 51: R36 Statements of Cash Flows Additional Information - HTML 43K Supplemental Cash Flows, Non-Cash Investing and Financing Activities (Detail) 52: R37 Business Combinations - Additional Information HTML 43K (Detail) 53: R38 Goodwill and Purchased Intangible Assets, Net - HTML 36K Schedule of Goodwill Activity (Detail) 54: R39 Goodwill and Purchased Intangible Assets, Net - HTML 46K Purchased Intangible Assets, Net (Detail) 55: R40 Goodwill and Purchased Intangible Assets, Net - HTML 44K Amortization Expense for Purchased Intangible Assets (Detail) 56: R41 Goodwill and Purchased Intangible Assets, Net - HTML 45K Future Amortization Expense Related to Purchased Intangible Assets (Detail) 57: R42 Balance Sheet Details - Cash and Cash Equivalents HTML 39K (Detail) 58: R43 Balance Sheet Details - Inventories (Detail) HTML 39K 59: R44 Balance Sheet Details - Property and Equipment Net HTML 55K (Detail) 60: R45 Balance Sheet Details - Additional Information HTML 53K (Detail) 61: R46 Balance Sheet Details - Other Non-Current Assets HTML 39K (Detail) 62: R47 Balance Sheet Details - Accrued expenses (Detail) HTML 43K 63: R48 Balance Sheet Details - Product Warranty HTML 46K Liabilities (Detail) 64: R49 Balance Sheet Details - Other Long-term HTML 42K Liabilities (Detail) 65: R50 Balance Sheet Details - Deferred Revenue and HTML 50K Financed Unearned Services Revenue (Detail) 66: R51 Other Income (Expense), Net (Detail) HTML 40K 67: R52 Financial Instruments and Fair Value Measurements HTML 60K - Summary of Investments (Detail) 68: R53 Financial Instruments and Fair Value Measurements HTML 50K - Contractual Maturities of Debt Investments (Detail) 69: R54 Financial Instruments and Fair Value Measurements HTML 91K - Summary of Financial Assets and Liabilities Measured at Fair Value on Recurring Basis (Detail) 70: R55 Financial Instruments and Fair Value Measurements HTML 35K - Additional Information (Detail) 71: R56 Financing Arrangements - Carrying Value of HTML 60K Long-Term Debt (Detail) 72: R57 Financing Arrangements - Additional Information HTML 109K (Detail) 73: R58 Financing Arrangements - Future Principal Debt HTML 42K Maturities (Detail) 74: R59 Stockholders' Equity - Activity Related to Stock HTML 61K Options (Detail) 75: R60 Stockholders' Equity - Additional Information HTML 38K Related to Stock Options (Detail) 76: R61 Stockholders' Equity - Additional Information HTML 85K (Detail) 77: R62 Stockholders' Equity - Activity Related to HTML 54K Restricted Stock Units Including Performance-Based Restricted Stock Units (Detail) 78: R63 Stockholders' Equity - Number and Value of Shares HTML 36K Netted for Employee Taxes (Detail) 79: R64 Stockholders' Equity - Schedule of Employee Stock HTML 39K Purchase Plan (Espp) (Detail) 80: R65 Stockholders' Equity - Stock-Based Compensation HTML 49K Expense (Detail) 81: R66 Stockholders' Equity - Summary of Activities HTML 41K Related to Stock Repurchase Program (Detail) 82: R67 Stockholders' Equity - Summary of Activities HTML 40K Related to Dividends on Common Stock (Detail) 83: R68 Stockholders' Equity - Reconciliation of Retained HTML 46K Earnings (Accumulated Deficit) (Detail) 84: R69 Stockholders' Equity - 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Additional HTML 33K Information (Detail) 95: R80 Segment Geographic and Significant Customer HTML 38K Information - Additional Information (Detail) 96: R81 Segment Geographic and Significant Customer HTML 40K Information - Schedule of Revenues by Geographic Region (Detail) 97: R82 Segment Geographic and Significant Customer HTML 39K Information - Schedule of Cash, Cash Equivalents and Short-Term Investments (Detail) 98: R83 Segment Geographic and Significant Customer HTML 39K Information - Schedule of Property and Equipment Net by Geographic Areas (Detail) 99: R84 Segment Geographic and Significant Customer HTML 41K Information - Significant Customers (Detail) 100: R85 Segment Geographic and Significant Customer HTML 40K Information - Schedule of Net Accounts Receivable from Significant Customers (Detail) 101: R86 Commitments and Contingencies - Additional HTML 57K Information (Detail) 103: XML IDEA XML File -- Filing Summary XML 193K 102: EXCEL IDEA Workbook of Financial Reports XLSX 93K 10: EX-101.INS XBRL Instance -- ntap-20180126 XML 3.42M 12: EX-101.CAL XBRL Calculations -- ntap-20180126_cal XML 216K 13: EX-101.DEF XBRL Definitions -- ntap-20180126_def XML 591K 14: EX-101.LAB XBRL Labels -- ntap-20180126_lab XML 1.24M 15: EX-101.PRE XBRL Presentations -- ntap-20180126_pre XML 1.05M 11: EX-101.SCH XBRL Schema -- ntap-20180126 XSD 178K 104: ZIP XBRL Zipped Folder -- 0001564590-18-002876-xbrl Zip 178K
Exhibit 10.3
FIFTH AMENDMENT TO AGREEMENT OF PURCHASE AND SALE
AND JOINT ESCROW INSTRUCTIONS
THIS FIFTH AMENDMENT TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (this “Amendment”) is dated as of November 8, 2017 by and between NETAPP, INC., a Delaware corporation (“Seller”), and GOOGLE LLC, a Delaware limited liability company (“Buyer”).
A.Buyer (as successor-in-interest to Google Inc., a Delaware corporation) and Seller entered into that certain Agreement of Purchase and Sale and Joint Escrow Instructions dated as of September 11, 2017 (the “Original Agreement”), as amended by that certain First Amendment to Agreement of Purchase and Sale and Joint Escrow Instructions dated as of October 2, 2017 (the “First Amendment”), and as further amended by that certain Second Amendment to Agreement of Purchase and Sale and Joint Escrow Instructions dated as of October 25, 2017 (the “Second Amendment”), and as further amended by that certain Third Amendment to Agreement of Purchase and Sale and Joint Escrow Instructions dated as of October 31, 2017 (the “Third Amendment”), and as further amended by that certain Fourth Amendment to Agreement of Purchase and Sale and Joint Escrow Instructions dated as of November 2, 2017 (the “Fourth Amendment”, and together with the First Amendment, the Second Amendment, Third Amendment and the Original Agreement, the “Agreement”) with respect to certain real property, improvements and undeveloped land located in Sunnyvale, California (as more particularly described in the Agreement, the “Property”). All capitalized and undefined terms used in this Amendment shall have the meanings given to them in the Agreement.
B.Pursuant to the terms of the Purchase Agreement, the period of time (the “Property Approval Period”) for Buyer's due diligence inspection of the Property will expire on the Contingency Deadline, which is 5:00 pm (Pacific Time) on November 8, 2017.
C.Buyer and Seller have mutually agreed to modify the Agreement, all as more particularly set forth herein.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing, and of the conditions, terms, covenants, and agreements set forth herein and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree that the Agreement is amended as follows:
1.Recitals & References. The Recitals set forth above are incorporated herein as though set forth in full herein. All references to the “Agreement” in this Amendment or in the Agreement shall mean the Agreement as amended by this Amendment.
2.Contingency Deadline. Notwithstanding anything to the contrary in the Agreement, the Contingency Deadline is hereby extended to expire at 5:00 pm (Pacific Time) on November 9, 2017.
3.Full Force and Effect. Except as modified by this Amendment, the terms and provisions of the Agreement are hereby ratified and confirmed and are and shall remain in full force and effect. Should any inconsistency arise between this Amendment and the Agreement as to the specific matters which are the subject of this Amendment, the terms and conditions of this Amendment shall control. This Amendment shall be construed to be a part of the Agreement and shall be deemed incorporated in the Agreement by this reference.
SMRH:484746114.1 |
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4.Counterparts; Facsimile and Electronic Copy. This Amendment may be executed in two (2) or more counterparts, each of which shall be an original, and all of which shall constitute one original of this Amendment. Signatures to this Amendment transmitted by telecopy or email shall be valid and effective to bind the party so signing. Each party agrees to promptly deliver an execution original to this Amendment with its actual signature to the other party, but a failure to do so shall not affect the enforceability of this Amendment, it being expressly agreed that each party to this Amendment shall be bound by its own telecopied or emailed signature and shall accept the telecopied or emailed signature of the other party to this Amendment
5.Entire Agreement. The Agreement, as amended by this Amendment, constitutes the full and complete agreement and understanding between the parties hereto and shall supersede all prior communications, representations, understandings or agreements, if any, whether oral or written, concerning the subject matter contained in the Agreement, as so amended, and no provision of the Agreement, as so amended, may be modified, amended, waived or discharged, in whole or in party, except by a written instrument executed by all of the parties hereto.
6.Governing Law. This Amendment shall be governed by the laws of the State of California.
7.Authority. Each signatory of this Amendment represents hereby that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory is acting.
[SIGNATURE PAGE FOLLOWS]
SMRH:484746114.1 |
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.
SELLER:
NETAPP, INC.,
a Delaware corporation
By: /s/ Jeffrey Bergmann
Name: Jeffrey Bergmann
Title: Vice President, Tax & Treasury
BUYER:
GOOGLE LLC,
a Delaware limited liability company
By: /s/ Mark Golan
Name: Mark Golan
Title: Vice President, Real Estate and Workplace Services, Bay Area
SMRH:484746114.1 |
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This ‘10-Q’ Filing | Date | Other Filings | ||
---|---|---|---|---|
Filed on: | 2/22/18 | S-3ASR | ||
For Period end: | 1/26/18 | |||
11/9/17 | 3, 4, 8-K | |||
11/8/17 | ||||
11/2/17 | ||||
10/31/17 | ||||
10/25/17 | ||||
10/2/17 | 4 | |||
9/11/17 | 8-K | |||
List all Filings |
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 6/14/23 NetApp, Inc. 10-K 4/28/23 141:27M Donnelley … Solutions/FA 6/16/22 NetApp, Inc. 10-K 4/29/22 140:23M Donnelley … Solutions/FA 6/21/21 NetApp, Inc. 10-K 4/30/21 135:20M ActiveDisclosure/FA |