SEC Info℠ | Home | Search | My Interests | Help | Sign In | Please Sign In | ||||||||||||||||||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 6/22/16 NetApp, Inc. 10-K 4/29/16 136:20M ActiveDisclosure/FA |
Document/Exhibit Description Pages Size 1: 10-K Annual Report HTML 1.46M 2: EX-10.34 Material Contract HTML 63K 3: EX-10.35 Material Contract HTML 120K 4: EX-10.41 Material Contract HTML 320K 5: EX-10.42 Material Contract HTML 51K 6: EX-10.43 Material Contract HTML 49K 7: EX-21.1 Subsidiaries List HTML 46K 8: EX-23.1 Consent of Experts or Counsel HTML 41K 9: EX-31.1 Certification -- §302 - SOA'02 HTML 44K 10: EX-31.2 Certification -- §302 - SOA'02 HTML 44K 11: EX-32.1 Certification -- §906 - SOA'02 HTML 40K 12: EX-32.2 Certification -- §906 - SOA'02 HTML 40K 19: R1 Document and Entity Information HTML 69K 20: R2 Consolidated Balance Sheets HTML 116K 21: R3 Consolidated Balance Sheets (Parenthetical) HTML 57K 22: R4 Consolidated Statements of Operations HTML 109K 23: R5 Consolidated Statements of Comprehensive Income HTML 85K 24: R6 Consolidated Statements of Cash Flows HTML 146K 25: R7 Consolidated Statements of Stockholders' Equity HTML 110K 26: R8 Consolidated Statements of Stockholders' Equity HTML 41K (Parenthetical) 27: R9 Description of Business and Significant Accounting HTML 89K Policies 28: R10 Concentration of Risk HTML 46K 29: R11 Recent Accounting Standards Not Yet Effective HTML 44K 30: R12 Statements of Cash Flows Additional Information HTML 78K 31: R13 Business Combinations HTML 102K 32: R14 Goodwill and Purchased Intangible Assets, Net HTML 176K 33: R15 Balance Sheet Details HTML 235K 34: R16 Other Income (Expense), Net HTML 68K 35: R17 Financial Instruments and Fair Value Measurements HTML 307K 36: R18 Financing Arrangements HTML 138K 37: R19 Stockholders' Equity HTML 566K 38: R20 Derivatives and Hedging Activities HTML 85K 39: R21 Restructuring and Other Charges HTML 130K 40: R22 Income Taxes HTML 311K 41: R23 Net Income per Share HTML 99K 42: R24 Segment, Geographic, and Significant Customer HTML 131K Information 43: R25 Employee Benefits and Deferred Compensation HTML 101K 44: R26 Commitments and Contingencies HTML 78K 45: R27 Description of Business and Significant Accounting HTML 171K Policies (Policies) 46: R28 Description of Business and Significant Accounting HTML 48K Policies (Tables) 47: R29 Statements of Cash Flows Additional Information HTML 76K (Tables) 48: R30 Business Combinations (Tables) HTML 100K 49: R31 Goodwill and Purchased Intangible Assets, Net HTML 179K (Tables) 50: R32 Balance Sheet Details (Tables) HTML 250K 51: R33 Other Income (Expense), Net (Tables) HTML 68K 52: R34 Financial Instruments and Fair Value Measurements HTML 305K (Tables) 53: R35 Financing Arrangements (Tables) HTML 129K 54: R36 Stockholders' Equity (Tables) HTML 576K 55: R37 Derivatives and Hedging Activities (Tables) HTML 79K 56: R38 Restructuring and Other Charges (Tables) HTML 128K 57: R39 Income Taxes (Tables) HTML 313K 58: R40 Net Income per Share (Tables) HTML 97K 59: R41 Segment, Geographic, and Significant Customer HTML 136K Information (Tables) 60: R42 Employee Benefits and Deferred Compensation HTML 104K (Tables) 61: R43 Commitments and Contingencies (Tables) HTML 64K 62: R44 Description of Business and Significant Accounting HTML 58K Policies - Property and Equipment Depreciation Life (Detail) 63: R45 Description of Business and Significant Accounting HTML 58K Policies - Additional Information (Detail) 64: R46 Statements of Cash Flows Additional Information - HTML 52K Supplemental Cash Flows and Non Cash Investing Activities (Detail) 65: R47 Business Combinations - Additional Information HTML 48K (Detail) 66: R48 Business Combinations - Preliminary Fair Value of HTML 59K Assets Acquired and Liabilities Assumed (Detail) 67: R49 Business Combinations - Components of Intangible HTML 59K Assets Acquired (Detail) 68: R50 Business Combinations - Pro Forma Combined HTML 43K Financial Information (Detail) 69: R51 Business Combinations - Fair Values of Net Assets HTML 52K Acquired (Detail) 70: R52 Goodwill and Purchased Intangible Assets, Net - HTML 44K Schedule of Goodwill Activity (Detail) 71: R53 Goodwill and Purchased Intangible Assets - HTML 61K Purchased Intangible Assets, Net (Detail) 72: R54 Goodwill and Purchased Intangible Assets, Net - HTML 43K Additional Information (Detail) 73: R55 Goodwill and Purchased Intangible Assets, Net - HTML 52K Amortization Expense for Purchased Intangible Assets (Detail) 74: R56 Goodwill and Purchased Intangible Assets, Net - HTML 54K Future Amortization Expense Related to Purchased Intangible Assets (Detail) 75: R57 Balance Sheet Details - Cash and Cash Equivalents HTML 49K (Detail) 76: R58 Balance Sheet Details - Inventories (Detail) HTML 47K 77: R59 Balance Sheet Details - Other Current Assets HTML 47K (Detail) 78: R60 Balance Sheet Details - Property and Equipment Net HTML 63K (Detail) 79: R61 Balance Sheet Details - Additional Information HTML 55K (Detail) 80: R62 Balance Sheet Details - Depreciation and HTML 42K Amortization Expense (Detail) 81: R63 Balance Sheet Details - Other Non-Current Assets HTML 47K (Detail) 82: R64 Balance Sheet Details - Accrued expenses (Detail) HTML 49K 83: R65 Balance Sheet Details - Product Warranty HTML 53K Liabilities (Detail) 84: R66 Balance Sheet Details - Deferred Revenue and HTML 54K Financed Unearned Services Revenue (Detail) 85: R67 Other Income (Expense), Net (Detail) HTML 49K 86: R68 Financial Instruments and Fair Value Measurements HTML 68K - Summary of Investments (Detail) 87: R69 Financial Instruments and Fair Value Measurements HTML 54K - Contractual Maturities of Debt Investments (Detail) 88: R70 Financial Instruments and Fair Value Measurements HTML 103K - Summary of Financial Assets and Liabilities Measured at Fair Value on Recurring Basis (Detail) 89: R71 Financial Instruments and Fair Value Measurements HTML 44K - Additional Information (Detail) 90: R72 Financing Arrangements - Carrying Value of HTML 60K Long-Term Debt (Detail) 91: R73 Financing Arrangements - Additional Information HTML 173K (Detail) 92: R74 Financing Arrangements - Future Principal Debt HTML 48K Maturities (Detail) 93: R75 Financing Arrangements - Amount of Interest HTML 50K Expense Recognized Related to Convertible Notes (Detail) 94: R76 Stockholders' Equity - Additional Information HTML 195K (Detail) 95: R77 Stockholders' Equity - Activity Related to Stock HTML 95K Options (Detail) 96: R78 Stockholders' Equity - Additional Information HTML 47K Related to Stock Options (Detail) 97: R79 Stockholders' Equity - Activity Related to HTML 64K Restricted Stock Units Including Performance-Based Restricted Stock Units (Detail) 98: R80 Stockholders' Equity - Number and Value of Shares HTML 45K Netted for Employee Taxes (Detail) 99: R81 Stockholders' Equity - Schedule of Employee Stock HTML 47K Purchase Plan (Espp) (Detail) 100: R82 Stockholders' Equity - Stock-Based Compensation HTML 55K Expense (Detail) 101: R83 Stockholders' Equity - Income Tax Effects HTML 43K Associated with Employee Stock Transactions (Detail) 102: R84 Stockholders' Equity - Summary of Valuation HTML 64K Assumptions (Detail) 103: R85 Stockholders' Equity - Summary of Activities HTML 49K Related to Stock Repurchase Program (Detail) 104: R86 Stockholders' Equity - Summary of Activities HTML 48K Related to Dividends on Common Stock (Detail) 105: R87 Stockholders' Equity - Accumulated Other HTML 69K Comprehensive Income (Loss) by Component Net of Tax (Detail) 106: R88 Stockholders' Equity - Amounts Reclassified Out of HTML 62K Accumulated Other Comprehensive Income (Loss) (Detail) 107: R89 Derivatives and Hedging Activities - Schedule of HTML 49K Notional Value of Outstanding Foreign Currency Forward Contracts (Detail) 108: R90 Derivatives and Hedging Activities - Schedule of HTML 44K Derivative Instruments Not Designated as Cash Flow Hedges (Detail) 109: R91 Restructuring and Other Charges - Additional HTML 49K Information (Detail) 110: R92 Restructuring and Other Charges - Activities HTML 62K Related to Restructuring Reserves (Detail) 111: R93 Income Taxes - Income Before Income Taxes (Detail) HTML 47K 112: R94 Income Taxes - Provision for Income Taxes (Detail) HTML 70K 113: R95 Income Taxes - Statutory Federal Income Tax Rate HTML 70K (Detail) 114: R96 Income Taxes - Additional Information (Detail) HTML 91K 115: R97 Income Taxes - Deferred Tax Assets and Liabilities HTML 77K (Detail) 116: R98 Income Taxes - Net Deferred Tax Assets (Detail) HTML 45K 117: R99 Income Taxes - Unrecognized Tax Benefits (Detail) HTML 51K 118: R100 Income Taxes - Summary of Tax Years Remain Subject HTML 69K to Examinations under Major Tax Jurisdictions (Detail) 119: R101 Net Income per Share - Computation of Basic and HTML 63K Diluted Net Income Per Share (Detail) 120: R102 Net Income per Share - Additional Information HTML 43K (Detail) 121: R103 Segment Geographic and Significant Customer HTML 47K Information - Additional Information (Detail) 122: R104 Segment Geographic and Significant Customer HTML 49K Information - Schedule of Revenues by Geographic Region (Detail) 123: R105 Segment Geographic and Significant Customer HTML 48K Information - Schedule of Cash, Cash Equivalents and Short-Term Investments (Detail) 124: R106 Segment Geographic and Significant Customer HTML 47K Information - Schedule of Property and Equipment Net by Geographic Areas (Detail) 125: R107 Segment Geographic and Significant Customer HTML 49K Information - Significant Customers (Detail) 126: R108 Segment Geographic and Significant Customer HTML 49K Information - Schedule of Net Accounts Receivable from Significant Customers (Detail) 127: R109 Employee Benefits and Deferred Compensation - HTML 54K Additional Information (Detail) 128: R110 Employee Benefits and Deferred Compensation - HTML 42K Amount Contributed under 401(k) Plans (Detail) 129: R111 Employee Benefits and Deferred Compensation - HTML 46K Deferred Compensation Plans (Detail) 130: R112 Employee Benefits and Deferred Compensation - HTML 48K Schedule of Defined Benefit Plans (Detail) 131: R113 Employee Benefits and Deferred Compensation - HTML 47K Schedule of Amounts Recognized in Balance Sheet (Detail) 132: R114 Commitments and Contingencies - Future Annual HTML 58K Minimum Lease Payments Under All Noncancelable Operating Leases (Detail) 133: R115 Commitments and Contingencies - Additional HTML 64K Information (Detail) 135: XML IDEA XML File -- Filing Summary XML 255K 134: EXCEL IDEA Workbook of Financial Reports XLSX 140K 13: EX-101.INS XBRL Instance -- ntap-20160429 XML 5.74M 15: EX-101.CAL XBRL Calculations -- ntap-20160429_cal XML 307K 16: EX-101.DEF XBRL Definitions -- ntap-20160429_def XML 882K 17: EX-101.LAB XBRL Labels -- ntap-20160429_lab XML 1.81M 18: EX-101.PRE XBRL Presentations -- ntap-20160429_pre XML 1.54M 14: EX-101.SCH XBRL Schema -- ntap-20160429 XSD 248K 136: ZIP XBRL Zipped Folder -- 0001564590-16-020754-xbrl Zip 278K
Exhibit 10.43
SECOND AMENDMENT TO
AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS
THIS SECOND AMENDMENT TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (this “Amendment”) is made effective as of April 8, 2016, by and between NETAPP, INC., a Delaware corporation (“Seller”), and GOOGLE INC., a Delaware corporation (“Buyer”).
R E C I T A L S
A.Seller and Buyer previously entered into that certain Agreement of Purchase and Sale and Joint Escrow Instructions dated as of March 9, 2016, as amended by that certain First Amendment to Agreement of Purchase and Sale and Joint Escrow Instructions dated as of March 11, 2016, (as amended, the “Agreement”), pursuant to which Seller agreed to sell, and Buyer agreed to purchase, eight (8) buildings located on the Land situated in the City of Sunnyvale, County of Santa Clara, California ("Property"), and commonly known as follows: (i) an approximately 46,170 square foot building located at 1299 Orleans Drive, (ii) an approximately 42,624 square foot building located at 1277 Orleans Drive, (iii) an approximately 95,464 square foot building located at 1260 Crossman Avenue, (iv) an approximately 125,648 square foot building located at 1240 Crossman Avenue, (v) an approximately 110,160 square foot building located at 549 Baltic Way, (vi) an approximately 88,320 square foot building located at 641 Baltic Way, (vii) an approximately 43,372 square foot building located at 611 Baltic Way, and (viii) an approximately 43,372 square foot building located at 633 Caribbean Drive, which Property is more particularly described in the Agreement.
B.Seller and Buyer now desire to amend the Agreement, upon the terms and conditions more particularly set forth herein.
A G R E E M E N T
NOW THEREFORE, in consideration of the terms and conditions contained herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Seller and Buyer hereby agree to amend the Agreement as follows:
1.Definitions. All defined terms used herein without definition shall have the meaning ascribed thereto in the Agreement; provided that all references to “Baltic Avenue” or “Baltic Drive” in the Agreement shall be deemed to be “Baltic Way” for all purposes.
2.Outside Closing Date. Notwithstanding anything to the contrary in the Agreement, the Outside Closing Date is hereby extended to April 19, 2016, subject to any extension rights provided in the Agreement. In no event shall the Outside Closing Date be later than April 22, 2016.
3.Miscellaneous.
|
-1- |
|
|
|
|
(a)Effect of Amendment. Except to the extent the Agreement is modified by this Amendment, the remaining terms and conditions of the Agreement shall remain unmodified and in full force and effect. In the event of conflict, between the terms and conditions of the Agreement and the terms and conditions of this Amendment, the terms and conditions of this Amendment shall prevail and control. As used in the Agreement, all references to “this Agreement” shall mean and refer to the Agreement as amended by this Amendment.
(b)Entire Agreement. The Agreement, together with this Amendment, embodies the entire understanding between Buyer and Seller with respect to its subject matter and can be changed only by an instrument in writing signed by Buyer and Seller.
(c)Counterparts. This Amendment may be executed in one or more counterparts, including facsimile counterparts or electronic counterparts, each of which shall be deemed an original but all of which, taken together, shall constitute one in the same Amendment.
(d)Applicable Law. This Amendment shall be governed by and construed and enforced in accordance with the laws of the State of California without regard to conflicts of law principles.
[SIGNATURE PAGE FOLLOWS]
|
-2- |
|
|
|
|
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the date first set forth above.
“SELLER”NETAPP, INC.,
a Delaware corporation
By:_/s/ Jeffrey K. Bergmann__________
Name: Jeffrey K. Bergmann
Title:_Interim CFO
“BUYER” |
GOOGLE INC., |
By: /s/ David Radcliffe
Name: David Radcliffe
Title: VP, Real Estate
|
-3- |
|
|
|
|
This ‘10-K’ Filing | Date | Other Filings | ||
---|---|---|---|---|
Filed on: | 6/22/16 | 8-K | ||
For Period end: | 4/29/16 | |||
4/22/16 | ||||
4/19/16 | 4 | |||
4/8/16 | ||||
3/11/16 | ||||
3/9/16 | 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 |