Owner(s) Name: HILL STEPHEN G Reported Owner Address: ****** EMC ESPP ACCOUNT ****** 1 GROVE PARK CAMBRIDGE CB7 5ND CA 00000-0000 Type of Property: Other Outstanding Official Cks Cash Reported: $128,000,000 Reported By: CHARLES SCHWAB EMC in a variety of ...... Our allowance for doubtful accounts as of April 24, 2009 was $3.1 million, ...... The expected life for the ESPP rights was based on the term of the purchase period. ...... NetApp agrees to pay to the United States $128,000,000, plus ... Commission File Number 0-27130 NetApp, Inc. (Exact name of registrant as specified in its charter) Delaware 77-0307520 (State or other jurisdiction of (IRS Employer incorporation or organization) Identification No.) 495 East Java Drive, Sunnyvale, California 94089 (Address of principal executive offices, including zip code) Registrant’s telephone number, including area code: Securities registered pursuant to Section 12(b) of the Act: Title of Each Class Name of Exchange on Which Registered Common Stock, $0.001 Par Value The NASDAQ Stock Market LLC Your search produced 1 results for Hill, *****7520 SSN Status Issued In Date Issued Results *****7520 The aggregate market value of voting stock held by non-affiliates of the registrant, as of October 24, 2008, the last day of registrant’s most recently completed second fiscal quarter, was $3,421,803,943 (based on the closing price for shares of the registrant’s common stock as reported by the NASDAQ Global Select Market for the last business day prior to that date). Shares of common stock held by each executive officer, director, and holder of 5% or more of the outstanding common stock have been excluded in that such persons may be deemed to be affiliates. This determination of affiliate status is not necessarily a conclusive determination for other purposes. On June 12, 2009, 335,543,451 shares of the registrant’s common stock, $0.001 par value, were outstanding. DOCUMENTS INCORPORATED BY REFERENCE The information called for by Part III of this Form 10-K is hereby incorporated by reference from the definitive Proxy Statement for our annual meeting of stockholders, which will be filed with the Securities and Exchange Commission not later than 120 days after April 24, 2009. Our headquarters site for corporate general administration, sales and marketing, research and development, global services, and operations is located in Sunnyvale, California. We own approximately 933,484 square feet of facilities at our Sunnyvale headquarters, of which we occupy approximately 737,157 square feet. In addition, we own 646,123 square feet of facilities in Research Triangle Park (RTP) , North Carolina, of which we occupy approximately 490,131 square feet, that is being used for research and development, and global support. In addition, we have commitments related to various lease arrangements with BNP Paribas LLC (“BNP”) for approximately 559,002 square feet of facilities at our headquarters in Sunnyvale, California, of which we occupy approximately 274,398 square feet (as further described below under “Contractual Cash Obligations and Other Commercial Commitments” in Item 7 and Note 15 under Item 8). We lease other sales offices and research and development facilities throughout the U.S. and internationally. We expect that our existing facilities and those being developed in Sunnyvale, California; RTP, North Carolina; and worldwide are adequate for our requirements over at least the next two years and that additional space will be available as needed. See additional discussion regarding properties in “Note 15 under Item 8. Financial Statements and Supplementary Data — Notes to Consolidated Financial Statements” and “Item 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations — Liquidity and Capital Resources.” Item 3. Legal Proceedings On September 5, 2007, we filed a patent infringement lawsuit in the Eastern District of Texas seeking compensatory damages and a permanent injunction against Sun Microsystems. On October 25, 2007, Sun Microsystems filed a counter claim against us in the Eastern District of Texas seeking compensatory damages and a permanent injunction. On October 29, 2007, Sun filed a second lawsuit against us in the Northern District of California asserting additional patents against us. The Texas court granted a joint motion to transfer the Texas lawsuit to the Northern District of California on November 26, 2007. On March 26, 2008, Sun filed a third lawsuit in federal court that extends the patent infringement charges to storage management technology we acquired in January 2008. The three lawsuits are currently in the discovery phase and no trial date has been set, so we are unable at this time to determine the likely outcome of these various patent litigations. Since we are unable to reasonably estimate the amount or range of any potential settlement, no accrual has been recorded as of April 24, 2009. In April 2009, we entered into a settlement agreement with the United States of America, acting through the United States Department of Justice (“DOJ”) and on behalf of the General Services Administration (the “GSA”), under which we agreed to pay the United States $128.0 million, plus interest of $0.7 million, related to a dispute regarding our discount practices and compliance with the price reduction clause provisions of GSA contracts between August 1997 and February 2005 in consideration for the release of NetApp by the DOJ and GSA with Cash Flows from Financing Activities We received $696.6 million in fiscal 2009 and used $662.4 million and $747.3 million in fiscal 2008 and 2007, respectively from financing activities. During fiscal 2009, 2008 and 2007, we made repayments of $172.6 million, $231.5 million and $214.9 million, respectively, in connection with our Secured Credit Agreement and the Term Loan. We repurchased 17.0 million, 32.8 million and 22.6 million shares of common stock for a total of $400.0 million, $903.7 million and $805.7 million in fiscal 2009, 2008 and 2007, respectively. Proceeds from employee stock option exercises and employee stock purchases were $91.0 million, $114.7 million and $215.5 million in fiscal 2009, 2008 and 2007, respectively. Tax benefits, related to tax deductions in excess of stock-based compensation expense recognized, of $36.7 million, $45.4 million and $63.2 million for 2009, 2008 and 2007, respectively. During fiscal 2009, 2008 and 2007, we withheld shares with an aggregate value of $5.1 million, $6.0 million and $5.3 million, respectively, in connection with the vesting of certain employees’ restricted stock units for purposes of satisfying those employees’ federal, state, and local withholding tax obligations. In addition, during fiscal 2009, we issued $1.265 billion of convertible notes and paid financing costs of $26.6 million. We also received proceeds of $163.1 million for sale of common stock warrants, and paid $254.9 million for purchase of Note Hedges. During fiscal 2008, we borrowed $318.8 million through a Secured Credit Agreement. Net proceeds from the issuance of common stock related to employee participation in employee stock programs have historically been a significant component of our liquidity. The extent to which our employees participate in these programs generally increases or decreases based upon changes in the market price of our common stock. As a result, our cash flow resulting from the issuance of common stock in connection with employee participation in employee stock programs and related tax benefits will vary. Stock Repurchase Program At April 24, 2009, $1,096.3 million remained available for future repurchases under plans approved as of that date. The stock repurchase program may be suspended or discontinued at any time. Contractual Obligations The following summarizes our contractual obligations at April 24, 2009 and the effect such obligations are expected to have on our liquidity and cash flow in future periods: 2010 2011 2012 2013 2014 Thereafter Total (In millions) Contractual Obligations: Office operating lease payments(1) $ 28.5 $ 24.2 $ 18.3 $ 15.1 $ 12.7 $ 30.2 $ 129.0 Real estate lease payments(2) 3.9 3.9 3.9 129.4 — — 141.1 Equipment operating lease payments(3) 19.1 11.1 3.4 1.2 — — 34.8 Venture capital funding commitments(4) 0.2 0.1 — — — — 0.3 Purchase commitments with contract manufacturers(5) 83.7 — — — — — 83.7 Capital expenditures(6) 6.5 — — — — — 6.5 Communications and maintenance(7) 25.0 14.5 3.6 0.4 — — 43.5 1.75% Convertible notes(8) 22.1 22.1 22.1 22.1 1,276.1 — 1,364.5 Uncertain tax positions(9) — — — — — 105.8 105.8 Total Contractual Cash Obligations $ 189.0 $ 75.9 $ 51.3 $ 168.2 $ 1,288.8 $ 136.0 $ 1,909.2 2010 2011 2012 2013 2014 Thereafter Total (In millions) Letters of credit(10) $ 4.8 $ 0.2 $ 0.3 $ 0.1 $ — $ 0.5 $ 5.9
Posted on: Mon, 27 Oct 2014 22:40:13 +0000
Trending Topics
Recently Viewed Topics
© 2015