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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 11/26/13 NetApp, Inc. 10-Q 10/25/13 109:9.5M Donnelley … Solutions/FA |
Document/Exhibit Description Pages Size
1: 10-Q Quarterly Report HTML 841K
2: EX-3.1 Articles of Incorporation/Organization or Bylaws HTML 60K
3: EX-3.2 Articles of Incorporation/Organization or Bylaws HTML 80K
4: EX-10.3 Material Contract HTML 154K
5: EX-10.4 Material Contract HTML 132K
6: EX-31.1 Certification -- §302 - SOA'02 HTML 38K
7: EX-31.2 Certification -- §302 - SOA'02 HTML 38K
8: EX-32.1 Certification -- §906 - SOA'02 HTML 33K
9: EX-32.2 Certification -- §906 - SOA'02 HTML 33K
104: R1 Document and Entity Information HTML 55K
67: R2 Condensed Consolidated Balance Sheets HTML 129K
63: R3 Condensed Consolidated Balance Sheets HTML 42K
(Parenthetical)
22: R4 Condensed Consolidated Statements of Operations HTML 118K
65: R5 Condensed Consolidated Statements of Comprehensive HTML 73K
Income
47: R6 Condensed Consolidated Statements of Cash Flows HTML 125K
88: R7 The Company HTML 34K
48: R8 Condensed Consolidated Financial Statements HTML 36K
51: R9 Significant Accounting Policies HTML 37K
23: R10 Statements of Cash Flows HTML 42K
49: R11 Purchased Intangible Assets, Net HTML 68K
87: R12 Balance Sheet Details HTML 77K
80: R13 Financial Instruments and Fair Value Measurements HTML 129K
64: R14 Financing Arrangements HTML 78K
100: R15 Stockholders' Equity HTML 146K
85: R16 Derivatives and Hedging Activities HTML 53K
19: R17 Restructuring and Other Charges HTML 39K
27: R18 Income Taxes HTML 43K
99: R19 Net Income per Share HTML 59K
103: R20 Segment, Geographic, and Significant Customer HTML 72K
Information
106: R21 Commitments and Contingencies HTML 62K
102: R22 Significant Accounting Policies (Policies) HTML 35K
72: R23 Statements of Cash Flows (Tables) HTML 40K
24: R24 Purchased Intangible Assets, Net (Tables) HTML 72K
46: R25 Balance Sheet Details (Tables) HTML 91K
34: R26 Financial Instruments and Fair Value Measurements HTML 137K
(Tables)
33: R27 Financing Arrangements (Tables) HTML 76K
53: R28 Stockholders' Equity (Tables) HTML 170K
71: R29 Derivatives and Hedging Activities (Tables) HTML 47K
83: R30 Restructuring and Other Charges (Tables) HTML 37K
39: R31 Income Taxes (Tables) HTML 35K
54: R32 Net Income per Share (Tables) HTML 60K
93: R33 Segment, Geographic, and Significant Customer HTML 77K
Information (Tables)
36: R34 Commitments and Contingencies (Tables) HTML 59K
78: R35 Statements of Cash Flows - Supplemental Cash Flows HTML 48K
and Non Cash Investing and Financing Activities
(Detail)
79: R36 Purchased Intangible Assets, Net (Detail) HTML 46K
56: R37 Purchased Intangible Assets, Net - Amortization HTML 42K
Expense for Purchased Intangible Assets (Detail)
32: R38 Purchased Intangible Assets, Net - Future HTML 47K
Amortization Expense Related to Purchased
Intangible Assets (Detail)
77: R39 Balance Sheet Details - Cash and Cash Equivalents HTML 44K
(Detail)
37: R40 Balance Sheet Details - Inventories (Detail) HTML 42K
52: R41 Balance Sheet Details - Other Current Assets HTML 44K
(Detail)
84: R42 Balance Sheet Details - Property and Equipment Net HTML 49K
(Detail)
44: R43 Balance Sheet Details - Computer Software Net Book HTML 36K
Value (Detail)
73: R44 Balance Sheet Details - Other Non-Current Assets HTML 43K
(Detail)
62: R45 Balance Sheet Details - Deferred Revenue (Detail) HTML 44K
35: R46 Financial Instruments and Fair Value Measurements HTML 57K
- Summary of Investments (Detail)
91: R47 Financial Instruments and Fair Value Measurements HTML 59K
- Contractual Maturities of Debt Investments
(Detail)
29: R48 Financial Instruments and Fair Value Measurements HTML 70K
- Summary of Financial Assets and Liabilities
Measured at Fair Value on Recurring Basis (Detail)
38: R49 Financial Instruments and Fair Value Measurements HTML 58K
- Assets and Liabilities Measured at Fair Value on
Recurring Basis (Detail)
61: R50 Financial Instruments and Fair Value Measurements HTML 51K
- Quantitative Information About Level Three Fair
Value Measurements (Detail)
68: R51 Financial Instruments and Fair Value Measurements HTML 48K
- Reconciliation of Beginning and Ending Balance
of Level Three Auction Rate Securities Measured at
Fair Value On Recurring Basis (Detail)
90: R52 Financial Instruments and Fair Value Measurements HTML 39K
- Additional Information (Detail)
20: R53 Financing Arrangements - Carrying Value of HTML 55K
Long-Term Debt (Detail)
75: R54 Financing Arrangements - Additional Information HTML 124K
(Detail)
58: R55 Financing Arrangements - Amount of Interest HTML 48K
Expense Recognized Related to Convertible Notes
(Detail)
26: R56 Financing Arrangements - Future Principal Debt HTML 40K
Maturities (Detail)
31: R57 Financing Arrangements - Amounts Due under Other HTML 41K
Long-Term Financing Arrangements (Detail)
66: R58 Stockholders Equity - Activity Related to Stock HTML 86K
Options (Detail)
97: R59 Stockholders Equity - Additional Information HTML 45K
Related to Stock Options (Detail)
108: R60 Stockholders Equity - Activity Related to HTML 58K
Restricted Stock Units (Detail)
107: R61 Stockholders Equity - Number and Value of Shares HTML 38K
Netted for Employee Taxes (Detail)
81: R62 Stockholders' Equity - Additional Information HTML 73K
(Detail)
43: R63 Stockholders Equity - Schedule of Employee Stock HTML 42K
Purchase Plan ESPP (Detail)
40: R64 Stockholders Equity - Stock-Based Compensation HTML 42K
Expense (Detail)
76: R65 Stockholders Equity - Income Tax Effects HTML 36K
Associated with Employee Stock Transactions
(Detail)
96: R66 Stockholders Equity - Valuation Assumptions HTML 48K
(Detail)
25: R67 Stockholders Equity - Valuation Assumptions - RSUs HTML 39K
(Detail)
101: R68 Stockholders Equity - Summary of Activities HTML 43K
Related to Stock Repurchase Program (Detail)
45: R69 Stockholders Equity - Reconciliation of Retained HTML 52K
Earnings (Detail)
57: R70 Stockholders Equity - Accumulated Other HTML 57K
Comprehensive Income (Loss) by Component Net of
Tax (Detail)
55: R71 Stockholders Equity - Amounts Reclassified Out of HTML 49K
Accumulated Other Comprehensive Income (Loss)
(Detail)
42: R72 Derivatives and Hedging Activities - Schedule of HTML 37K
Notional Value of Outstanding Foreign Currency
Forward Contracts (Detail)
50: R73 Derivatives and Hedging Activities - Schedule of HTML 37K
Derivative Instruments Not Designated as Cash Flow
Hedges (Detail)
86: R74 Restructuring and Other Charges - Additional HTML 35K
Information (Detail)
70: R75 Restructuring and Other Charges - Activities HTML 42K
Related to Restructuring Reserves (Detail)
17: R76 Income Taxes - Effective Tax Rates (Detail) HTML 36K
74: R77 Income Taxes - Additional Information (Detail) HTML 47K
18: R78 Net Income per Share - Computation of Basic and HTML 64K
Diluted Net Income Per Share (Detail)
69: R79 Net Income per Share - Anti-Dilutive Shares HTML 37K
Excluded from Calculation of Net Income Per Share
(Detail)
30: R80 Segment Geographic and Significant Customer HTML 40K
Information - Schedule of Revenues by Geographic
Region (Detail)
94: R81 Segment Geographic and Significant Customer HTML 37K
Information - Additional Information (Detail)
92: R82 Segment Geographic and Significant Customer HTML 40K
Information - Schedule of Total Cash, Cash
Equivalents, Restricted Cash and Investments
(Detail)
98: R83 Segment Geographic and Significant Customer HTML 38K
Information - Schedule of Property and Equipment
Net by Geographic Areas (Detail)
105: R84 Segment Geographic and Significant Customer HTML 40K
Information - Significant Customers (Detail)
109: R85 Segment Geographic and Significant Customer HTML 44K
Information - Significant Customers
(Parenthetical) (Detail)
16: R86 Segment Geographic and Significant Customer HTML 36K
Information - Schedule of Net Accounts Receivable
from Significant Customers (Detail)
28: R87 Commitments and Contingencies - Additional HTML 46K
Information (Detail)
95: R88 Commitments and Contingencies - Schedule of HTML 41K
Warranty Reserves (Detail)
82: R89 Commitments and Contingencies - Schedule of HTML 41K
Warranty Liability Balances (Detail)
89: R90 Commitments and Contingencies - Schedule of HTML 41K
Maximum Potential Future Payments under Financing
Arrangements with Third Parties (Detail)
60: XML IDEA XML File -- Filing Summary XML 170K
21: EXCEL IDEA Workbook of Financial Reports XLSX 240K
59: EXCEL IDEA Workbook of Financial Reports (.xls) XLS 1.28M
10: EX-101.INS XBRL Instance -- ntap-20131025 XML 2.04M
12: EX-101.CAL XBRL Calculations -- ntap-20131025_cal XML 274K
13: EX-101.DEF XBRL Definitions -- ntap-20131025_def XML 1.24M
14: EX-101.LAB XBRL Labels -- ntap-20131025_lab XML 1.52M
15: EX-101.PRE XBRL Presentations -- ntap-20131025_pre XML 1.41M
11: EX-101.SCH XBRL Schema -- ntap-20131025 XSD 202K
41: ZIP XBRL Zipped Folder -- 0001193125-13-454984-xbrl Zip 190K
| EX-3.1 |
Exhibit 3.1
CERTIFICATE OF AMENDMENT
OF
CERTIFICATE OF INCORPORATION
OF
NETAPP, INC.
NetApp, Inc., a corporation organized and existing under the laws of the State of Delaware (the “Corporation”), hereby certifies as follows:
1. The name of the Corporation is NetApp, Inc. The Corporation was originally incorporated under the name “Network Appliance, Inc.” The Corporation’s original Certificate of Incorporation was filed with the Secretary of State of the State of Delaware on November 1, 2001.
2. Article VI of the Corporation’s Certificate of Incorporation is hereby amended to read in its entirety as follows:
“In furtherance and not in limitation of the powers conferred by statute, the Board of Directors is expressly authorized to make, repeal, alter, amend and rescind any or all of the Bylaws of the Corporation. In addition, the Bylaws may be amended by the affirmative vote of holders of at least a majority of the outstanding shares of voting stock of the Corporation entitled to vote at an election of directors.”
3. Article X of the Corporation’s Certificate of Incorporation is hereby amended to read in its entirety as follows:
“The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporation, in the manner now or hereafter prescribed by statute, and all rights conferred upon stockholders herein are granted subject to this reservation. Notwithstanding the foregoing, the provisions set forth in Articles VI, VII, VIII, IX and X of this Certificate of Incorporation may not be repealed or amended in any respect without the affirmative vote of holders of at least a majority of the outstanding voting stock of the Corporation entitled to vote at an election of directors.”
4. The foregoing amendments were duly adopted in accordance with Section 242 of the General Corporation Law of the State of Delaware.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, NetApp, Inc. has caused this Certificate of Amendment of Certificate of Incorporation to be signed by Matthew K. Fawcett, a duly authorized officer of the Corporation, on September 13, 2013.
| NetApp, Inc. | ||
| By: | /s/ Matthew K. Fawcett | |
| Senior Vice
President, General Counsel and | ||
CERTIFICATE OF OWNERSHIP AND MERGER
MERGING
NETAPP NC CORPORATION,
a Delaware corporation
WITH AND INTO
NETWORK APPLIANCE, INC.,
a Delaware corporation
(Pursuant to Section 253 of the General Corporation Law of Delaware)
Network Appliance, Inc. (the “Corporation”), a corporation incorporated on the 1st day of November, 2001, pursuant to the provisions of the General Corporation Law of the State of Delaware, does hereby certify as follows:
1. That the Corporation is organized and existing under the General Corporation Law of the State of Delaware.
2. That the Corporation owns 100% of the capital stock of NetApp NC Corporation, a Delaware corporation (“Sub”) incorporated on the 6th day of March, 2008, pursuant to the provisions of the General Corporation Law of the State of Delaware.
3. That the Corporation determined to merge Sub into itself (the “Merger”) by the resolutions of its board of directors attached hereto as Exhibit A, duly adopted on March 3, 2008.
4. Pursuant to Section 253(b) of the General Corporation Law of Delaware the name of the corporation surviving the merger shall be NetApp, Inc.
5. The Merger shall become effective upon filing with the Delaware Secretary of State.
IN WITNESS WHEREOF, the Corporation has caused this Certificate to be signed by its duly authorized officer on this 10 day of March, 2008.
| NETWORK APPLIANCE, INC. | ||
| By: | /s/ Andrew Kryder | |
| Name: | Andrew Kryder | |
| Title: | Secretary | |
EXHIBIT A
Resolutions of the Board of Directors of Network Appliance, Inc., a Delaware Corporation
Merger with NetApp NC Corporation.
WHEREAS: The Company owns 100% of the outstanding capital stock of NetApp NC Corporation, a corporation organized and existing under the laws of the State of Delaware (“Merger Sub”).
WHEREAS: The Board desires that Merger Sub merge with and into the Company and that the Company possess itself of all the estate, property, rights, privileges and franchises of Merger Sub.
NOW, THEREFORE, BE IT RESOLVED: That the Board hereby authorizes the merger of Merger Sub with and into the Company, with the Company continuing as the surviving corporation (the “Merger”).
RESOLVED FURTHER: That upon the effective date of the Merger, the name of the Company shall be changed from “Network Appliance, Inc.” to “NetApp, Inc.” pursuant to Section 253(b) of the Delaware General Corporation Law.
RESOLVED FURTHER: That upon the effective date of the Merger, the Company shall assume any and all assets, obligations and liabilities of Merger Sub pursuant to Section 253 of the Delaware General Corporation Law.
RESOLVED FURTHER: That each outstanding share of capital stock of Merger Sub will be canceled and extinguished upon the effectiveness of the Merger, and no consideration shall be issued in exchange therefor.
RESOLVED FURTHER: That the officers of the Company be and hereby are directed to make and execute a Certificate of Ownership and Merger setting forth a copy of the resolution to merge Merger Sub with and into the Company and assume Merger Sub’s liabilities and obligations, and the date of adoption thereof, and to file the same in the office of the Secretary of State of the State of Delaware.
RESOLVED FURTHER: That the Merger of Merger Sub with and into the Company shall become effective upon the filing of the Certificate of Ownership and Merger with the Secretary of State of the State of Delaware as provided for therein.
RESOLVED FURTHER: That the Certificate of Ownership and Merger in the form attached hereto as Exhibit A be and hereby is approved and adopted in all respects.
RESOLVED FURTHER: That upon the effective time of the Merger, the Amended and Restated Certificate of Incorporation of the Company (“Certificate of Incorporation”) in effect immediately prior to the effectiveness of the Merger shall continue to be the Certificate of Incorporation of the Company; provided, however, that the amendment to Article 1 of said Certificate of Incorporation as is effected by the merger is as follows: “The name of this corporation is NetApp, Inc.”.
RESOLVED FURTHER: That upon the effective time of the Merger, the directors and officers of the Company, as constituted immediately prior to the effectiveness of the Merger, shall continue to be the directors and officers of the Company.
RESOLVED FURTHER: That each stock certificate evidencing the ownership of each share of Common Stock of the Company issued and outstanding immediately prior to the effective time of the merger shall continue to evidence ownership of the shares of the Company.
RESOLVED FURTHER: That each stock certificate evidencing the ownership of Common Stock of Company issued anytime after the effective time of the merger shall be in the form of the stock certificate to be approved by the appropriate officers of the Company.
RESOLVED FURTHER: That the Board hereby authorizes, directs and empowers the appropriate officers of the Company, and each of them, for and on behalf of the Company, to take any and all such actions, and prepare, execute and deliver any and all such documents, including filing of the Certificate of Ownership and Merger, as may be necessary or advisable to carry out the foregoing resolutions, and hereby ratifies and confirms any and all actions taken heretofore to accomplish such purposes.
OF
NETWORK APPLIANCE, INC.
ARTICLE I
The name of this corporation is Network Appliance, Inc. (the “Corporation”).
ARTICLE II
The address of the Corporation’s registered office in the State of Delaware is 1013 Centre Road, City of Wilmington, County of New Castle, Delaware 19801. The name of the Corporation’s registered agent at such address is the Corporation Service Company.
ARTICLE III
The nature of the business or purposes to be conducted or promoted is to engage in any lawful act or activity for which corporations may be organized under the General Corporation Law of the State of Delaware (the “GCL”), as the same exists or may hereafter be amended.
ARTICLE IV
The name and mailing address of the incorporator is John W. Larson, Esq., Brobeck, Phleger & Harrison LLP, One Market, Spear Street Tower, San Francisco, CA 94105.
ARTICLE V
The Corporation is authorized to issue two classes of stock to be designated, respectively, “Common Stock” and “Preferred Stock.” The total number of shares that the Corporation is authorized to issue is Eight Hundred Ninety Million (890,000,000). Eight Hundred Eighty-Five Million (885,000,000) shares shall be Common Stock, par value $0.001 per share, and Five Million (5,000,000) shares shall be Preferred Stock, par value $0.001 per share.
The Preferred Stock may be issued from time to time in one or more series, without further stockholder approval. The Board of Directors of the Corporation is hereby authorized to fix or alter the rights, preferences, privileges and restrictions granted to or imposed upon each series of Preferred Stock, and the number of shares constituting any such series and the designation thereof, or of any of them. The rights, privileges, preferences and restrictions of any such additional series may be subordinated to, pari passu with (including, without limitation, inclusion in provisions with respect to liquidation and acquisition preferences, redemption and/or approval of matters by vote), or senior to any of those of any present or future class or series of Preferred Stock or Common Stock. The Board of Directors is also authorized to increase or decrease the number of shares of any series prior or subsequent to the issue of that series, but not below the number of shares of such series then outstanding. In case the number of shares of any series shall be so decreased, the shares constituting such decrease shall resume the status which they had prior to the adoption of the resolution originally fixing the number of shares of such series.
ARTICLE VI
In furtherance and not in limitation of the powers conferred by statute, the Board of Directors is expressly authorized to make, repeal, alter, amend and rescind any or all of the Bylaws of the Corporation. In addition, the Bylaws may be amended by the affirmative vote of holders of at least sixty-six and two-thirds percent (66 2/3%) of the outstanding shares of voting stock of the Corporation entitled to vote at an election of directors.
ARTICLE VII
The number of directors of the Corporation shall be determined by resolution of the Board of Directors.
Elections of directors need not be by written ballot unless the Bylaws of the Corporation shall so provide. Advance notice of stockholder nominations for the election of directors and of any other business to be brought before any meeting of the stockholders shall be given in the manner provided in the Bylaws of this Corporation.
At each annual meeting of stockholders, directors of the Corporation shall be elected to hold office until the expiration of the term for which they are elected, or until their successors have been duly elected and qualified; except that if any such election shall not be so held, such election shall take place at a stockholders’ meeting called and held in accordance with the GCL.
Vacancies occurring on the Board of Directors for any reason may be filled by vote of a majority of the remaining members of the Board of Directors, even if less than a quorum, at any meeting of the Board of Directors. A person so elected by the Board of Directors to fill a vacancy shall hold office for the remainder of the full term of the director for which the vacancy was created or occurred and until such director’s successor shall have been duly elected and qualified.
ARTICLE VIII
Stockholders of the Corporation shall take action by meetings held pursuant to this Certificate of Incorporation and the Bylaws and shall have no right to take any action by written consent without a meeting. Meetings of stockholders may be held within or without the State of Delaware, as the Bylaws may provide. Special meetings of the stockholders, for any purpose or purposes, may only be called by the Chief Executive Officer, President, Chairman of the Board or a majority of the members of the Board of Directors. The books of the Corporation may be kept (subject to any provision contained in the statutes) outside the State of Delaware at such place or places as may be designated from time to time by the Board of Directors or in the Bylaws of the Corporation.
ARTICLE IX
To the fullest extent permitted by applicable law, this Corporation is authorized to provide indemnification of (and advancement of expenses to) directors, officers, employees and agents (and any other persons to which Delaware law permits this Corporation to provide indemnification) through Bylaw provisions, agreements with such agents or other persons, vote of stockholders or disinterested directors or otherwise, in excess of the indemnification and advancement otherwise permitted by Section 145 of the GCL, subject only to limits created by applicable Delaware law (statutory or non-statutory), with respect to action for breach of duty to the Corporation, its stockholders, and others.
No director of the Corporation shall be personally liable to the Corporation or any stockholder for monetary damages for breach of fiduciary duty as a director, except for any matter in respect of which such director shall be liable under Section 174 of the GCL or any amendment thereto or shall be liable by reason that, in addition to any and all other requirements for such liability, such director (1) shall have breached the director’s duty or loyalty to the Corporation or its stockholders, (2) shall have acted in a manner involving intentional misconduct or a knowing violation of law or, in failing to act, shall have acted in a manner involving intentional misconduct or a knowing violation of law, or (3) shall have derived an improper personal benefit. If the GCL is hereafter amended to authorize the further elimination or limitation of the liability of a director, the liability of a director of the Corporation shall be eliminated or limited to the fullest extent permitted by the GCL, as so amended.
Each person who was or is made a party or is threatened to be made a party to or is in any way involved in any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (hereinafter a “proceeding”), including any appeal therefrom, by reason of the fact that he or she, or a person of whom he or she is the legal representative, is or was a director or officer of the Corporation or a direct or indirect subsidiary of the Corporation, or is or was serving at the request of the Corporation as a director or officer of another entity or enterprise, or was a director or officer of a foreign or domestic corporation which was predecessor corporation of the Corporation or of another entity or enterprise at the request of such predecessor corporation, shall be indemnified and held harmless by the Corporation, and the Corporation shall advance all expenses incurred by any such person in defense of any such proceeding prior to its final determination, to the fullest extent authorized by the GCL. In any proceeding against the Corporation to enforce these rights, such person shall be presumed to be entitled to indemnification and the Corporation shall have the burden of proving that such person has not met the standards of conduct for permissible indemnification set forth in the GCL. The rights to indemnification and advancement of expenses conferred by this Article IX shall be presumed to have been relied upon by the directors and officers of the Corporation in serving or continuing to serve the Corporation and shall be enforceable as contract rights. Said rights shall not be exclusive of any other rights to which those seeking indemnification may otherwise be entitled. The Corporation may, upon written demand presented by a director or officer of the Corporation or of a direct or indirect subsidiary of the Corporation, or by a person serving at the request of the Corporation as a director or officer of another entity or enterprise, enter into contracts to provide such persons with specified rights to indemnification, which contracts may confer rights and protections to the maximum extent permitted by the GCL, as amended and in effect from time to time.
If a claim under this Article IX is not paid in full by the Corporation within sixty (60) days after a written claim has been received by the Corporation, the claimant may at any time thereafter bring suit against the Corporation to recover the unpaid amount of the claim and, if successful in whole or in part, the claimant shall be entitled to be paid also the expenses of prosecuting such claim. It shall be a defense to any such action (other than an action brought to enforce the right to be advanced expenses incurred in defending any proceeding prior to its final disposition where the required undertaking, if any, has been tendered to the Corporation ) that the claimant has not met the standards of conduct which make it permissible under the GCL for the Corporation to indemnify the claimant for the amount claimed, but the claimant shall be presumed to be entitled to indemnification and the Corporation shall have the burden of proving that the claimant has not met the standards of conduct for permissible indemnification set forth in the GCL.
If the GCL is hereafter amended to permit the Corporation to provide broader indemnification rights than said law permitted the Corporation to provide prior to such amendment, the indemnification rights conferred by this Article IX shall be broadened to the fullest extent permitted by the GCL, as so amended. No amendment to or repeal of this Article IX shall affect or diminish in any way the rights of any indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of any such amendment or repeal.
ARTICLE X
The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporation, in the manner now or hereafter prescribed by statute, and all rights conferred upon stockholders herein are granted subject to this reservation. Notwithstanding the foregoing, the provisions set forth in Articles VI, VII, VIII, IX and X of this Certificate of Incorporation may not be repealed or amended in any respect without the affirmative vote of holders at least sixty-six and two-thirds percent (66 2/3%) of the outstanding voting stock of the Corporation entitled to vote at an election of directors.
IN WITNESS WHEREOF, the undersigned incorporator has executed this certificate on November 1, 2001.
| /s/ John W. Larson |
| Incorporator |
| This ‘10-Q’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed on: | 11/26/13 | 4, S-8 | ||
| For Period end: | 10/25/13 | |||
| 9/13/13 | 3, 4, 8-K, DEF 14A, PRE 14A | |||
| 3/3/08 | ||||
| 11/1/01 | 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 8/28/20 NetApp, Inc. S-8 8/28/20 4:535K Donnelley … Solutions/FA |