Underwriting AgreementUnderwriting Agreement • November 8th, 2007 • Data Domain, Inc. • Computer storage devices • New York
Data Domain, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [4,000,000] shares and, at the election of the Underwriters, up to • additional shares of common stock, par value $0.0001 per share (“Stock”), of the Company, and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of [4,500,000] shares of Stock and, at the election of the Underwriters, up to • additional shares of Stock. The aggregate of [8,500,000] shares to be sold by the Company and the Selling Stockholders is herein called the Firm Shares and the aggregate of [1,275,000] additional shares to be sold by the Company and the Selling Stockholders is herein called the “Optional Shares”. The Firm Shares and the Optional Shares that t
Underwriting AgreementUnderwriting Agreement • June 26th, 2007 • Data Domain, Inc. • Computer storage devices • New York
Data Domain, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of · shares and, at the election of the Underwriters, up to · additional shares of common stock, par value $0.0001 per share (“Stock”), of the Company and the stockholder of the Company named in Schedule II hereto (the “Selling Stockholder”) proposes, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of 390,000 shares of Stock. The aggregate of · shares to be sold by the Company and the Selling Stockholder is herein called the Firm Shares and the aggregate of · additional shares to be sold by the Company is herein called the “Optional Shares”. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.
AGREEMENT AND PLAN OF MERGER BY AND AMONG EMC CORPORATION ENVOY MERGER CORPORATION AND DATA DOMAIN, INC. Dated as of July 8, 2009Agreement and Plan of Merger • July 8th, 2009 • Data Domain, Inc. • Computer storage devices • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of July __, 2009 by and among EMC Corporation, a Massachusetts corporation (“Parent”), Envoy Merger Corporation, a Delaware corporation and a direct, wholly-owned subsidiary of Parent (“Purchaser”), and Data Domain, Inc., a Delaware corporation (the “Company”). All capitalized terms that are used in this Agreement shall have the respective meanings ascribed thereto in Article I.
DATA DOMAIN, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • March 30th, 2007 • Data Domain, Inc. • Delaware
This Indemnification Agreement (“Agreement”) is made as of , 2006 by and between Data Domain, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
Lease between Sobrato Interests and Data Domain, Inc.Lease • January 14th, 2008 • Data Domain, Inc. • Computer storage devices • California
Data Domain, Inc. Santa Clara, CA 95054Data Domain, Inc. • March 13th, 2009 • Computer storage devices
AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • June 3rd, 2009 • Data Domain, Inc. • Computer storage devices
This Amendment No. 1 (this “Amendment”) to that certain Agreement and Plan of Merger (the “Merger Agreement”) by and among NetApp, Inc., a Delaware corporation (“Parent”), Kentucky Merger Sub One Corporation, a Delaware corporation and a direct, wholly-owned subsidiary of Parent (“Merger Sub One”), Derby Merger Sub Two LLC, a Delaware limited liability company and a direct, wholly-owned subsidiary of Parent (“Merger Sub Two” and together with Merger Sub One, the “Merger Subs”), and Data Domain, Inc., a Delaware corporation (the “Company”) is made and entered into as of June 3, 2009 by and among Parent, Merger Sub One, Merger Sub Two and the Company. All capitalized terms that are used in this Amendment but not defined in this Amendment shall have the respective meanings ascribed thereto in the Merger Agreement.
AMENDED AND RESTATED CONSULTING AGREEMENTAmended and Restated Consulting Agreement • March 30th, 2007 • Data Domain, Inc. • California
PATENT CROSS-LICENSE AGREEMENTPatent Cross-License Agreement • March 30th, 2007 • Data Domain, Inc. • California
This Patent Cross-License Agreement (“Agreement”) is made and effective as of the date of the last signature hereon (“Effective Date”) by and between Data Domain, Inc., having a place of business at 2300 Central Expressway, Santa Clara, CA 95050, and Quantum Corporation, having a place of business at 1650 Technology Drive, Suite 700, San Jose, CA 95110.
AMENDMENT TO AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTRights Agreement • November 13th, 2007 • Data Domain, Inc. • Computer storage devices • California
This AMENDMENT TO AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Amendment”), which amends the Amended and Restated Investors’ Rights Agreement, dated as of March 14, 2007 (the “Rights Agreement”), by and among Data Domain, Inc., a Delaware corporation (the “Company”), and the investors listed on Schedule A thereto, is entered into this 12th day of November, 2007 by and among the Company and holders of a majority of the Registrable Securities (as defined in the Rights Agreement), listed on the signature pages hereto, on behalf of all of the parties to the Rights Agreement.
MANUFACTURING SERVICES AGREEMENTManufacturing Services Agreement • May 15th, 2007 • Data Domain, Inc. • Computer storage devices • California
Solectron USA, Inc., a Delaware corporation, dba Fine Pitch Technology (“Fine Pitch”), with a place of business at 401 Kato Terrace, Fremont, California 94539 and Data Domain a Delaware corporation, (“Customer’) with a principal place of business at 3400 Hillview Avenue, Palo Alto, CA 94304 in their desire to formulate a strategic business relationship and to define their expectations regarding this relationship, enter into this Manufacturing Services Agreement (“Agreement”) and hereby agree as set forth below.
SUB-SUBLEASE AGREEMENT (2300 Central Expressway, Santa Clara, CA)Sub-Sublease Agreement • March 30th, 2007 • Data Domain, Inc.
This Sub-sublease Agreement (“Sublease”), dated April , 2006 (the “Execution Date”), is entered into by and between JUNIPER NETWORKS, INC., a Delaware corporation and successor-in-interest to Peribit Networks, Inc., a California corporation (“Sublandlord”), and DATA DOMAIN, INC., a Delaware corporation (“Subtenant”).
DATA DOMAIN, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT March 14, 2007Rights Agreement • March 30th, 2007 • Data Domain, Inc. • California
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is made as of the 14th day of March, 2007, by and among Data Domain, Inc., a Delaware corporation (the “Company”), and the investors listed on Schedule A hereto, each of which is herein referred to as an “Investor.”
DATA DOMAIN, INC. Santa Clara, CA 95054Data Domain, Inc. • March 5th, 2008 • Computer storage devices
FIRST AMENDMENT TO AMENDED AND RESTATED VOTING AGREEMENTVoting Agreement • June 5th, 2007 • Data Domain, Inc. • Computer storage devices • Delaware
THIS FIRST AMENDMENT TO AMENDED AND RESTATED VOTING AGREEMENT (the “Amendment”), is entered into as of October 4, 2006, by and among Data Domain, Inc., a Delaware corporation (the “Company”), and the other parties hereto, with respect to the AMENDED AND RESTATED VOTING AGREEMENT, dated as of July 26, 2005, by and among the Company and the other parties thereto (the “Agreement”).
Form of Data Domain, Inc. 2007 Equity Incentive Plan Restricted Stock Unit AgreementRestricted Stock Unit Agreement • February 3rd, 2009 • Data Domain, Inc. • Computer storage devices • California
The Compensation Committee of the Board of Directors of Data Domain, Inc. (the “Company”) has approved a grant to you (the “Participant” named below) of Restricted Stock Units (“RSUs”) pursuant to the Data Domain, Inc. 2007 Equity Incentive Plan (the “Plan”), as described below. Capitalized terms not defined herein shall have the meaning ascribed to them in the Plan.
DATA DOMAIN, INC. Palo Alto, CA 94304 December 8, 2003Data Domain, Inc. • March 30th, 2007
FIRST AMENDMENT TO LEASELease • August 30th, 2007 • Data Domain, Inc. • Computer storage devices
This First amendment to lease (“Amendment”) is made this 27th day of August, 2007 (“Effective Date”) by and between Sobrato Interests, a California limited partnership having an address at 10600 N. De Anza Blvd., Suite 200, Cupertino, California 95014 (“Landlord”) and Data Domain Inc., a Delaware corporation having its principal place of business at 2300 Central Expressway, Santa Clara, California (“Tenant”).
SECOND AMENDMENT TO AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • November 16th, 2007 • Data Domain, Inc. • Computer storage devices • California
This SECOND AMENDMENT TO AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Amendment”), which amends the Amended and Restated Investors’ Rights Agreement, dated as of March 14, 2007, as further amended on November 12, 2007 (the “Rights Agreement”), by and among Data Domain, Inc., a Delaware corporation (the “Company”), and the investors listed on Schedule A thereto, is entered into this 15th day of November, 2007 by and among the Company and holders of a majority of the Registrable Securities (as defined in the Rights Agreement), listed on the signature pages hereto, on behalf of all of the parties to the Rights Agreement.
