AMENDMENT NO. 1 Dated as of November 17, 2021 to AMENDED AND RESTATED CREDIT AGREEMENT Dated as of January 22, 2021
Exhibit 10.3
EXECUTION COPY
AMENDMENT NO. 1
Dated as of November 17, 2021
to
AMENDED AND RESTATED CREDIT AGREEMENT
Dated as of January 22, 2021
THIS AMENDMENT NO. 1 (this “Amendment”) is made as of November 17, 2021 by and among NetApp, Inc., a Delaware corporation (the “Borrower”), the Lenders party hereto and JPMorgan Chase Bank, N.A., as Administrative Agent (the “Administrative Agent”), under that certain Amended and Restated Credit Agreement, dated as of January 22, 2021, by and among the Borrower, the Lenders and the Administrative Agent (as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Credit Agreement.
WHEREAS, the Borrower has requested that the requisite Lenders and the Administrative Agent agree to make certain amendments to the Credit Agreement;
WHEREAS, the Borrower, the Lenders party hereto and the Administrative Agent have agreed to amend the Credit Agreement on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises set forth above, the terms and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Borrower, the Lenders party hereto and the Administrative Agent hereby agree to enter into this Amendment.
“Amendment No. 1 Effective Date” means November 17, 2021.
“Agreed Currencies” means (i) Dollars, (ii) euro, (iii) Canadian Dollars, (iv) Australian Dollars, (v) Singapore Dollars and (vi) any other currency (x) that is a lawful currency (other than Dollars) that is readily available, not restricted and freely transferable and convertible into Dollars and (y) that is agreed to by the Administrative Agent and each of the Lenders. For the avoidance of doubt, it is understood and agreed that on and after the Amendment No. 1 Effective Date, the only Agreed Currencies under this Agreement
shall be Dollars, euro, Canadian Dollars, Australian Dollars and Singapore Dollars (notwithstanding any references in this Agreement to any other currency) and no additional currency shall be included as an Agreed Currency until such currency is requested by the Borrower and approved by the Administrative Agent and each of the Lenders pursuant to an amendment to this Agreement mutually satisfactory to the Borrower, the Administrative Agent and each of the Lenders.
[Signature Pages Follow]
IN WITNESS WHEREOF, this Amendment has been duly executed and delivered as of the day and year first above written.
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as the Borrower |
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By: |
/s/ Xxxxxxx X. Xxxxx |
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Name: |
Xxxxxxx X. Xxxxx |
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Title: |
Executive Vice President and Chief Financial Officer |
Signature Page to Amendment No. 1 to
Amended and Restated Credit Agreement
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JPMORGAN CHASE BANK, N.A., |
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individually as a Lender and as Administrative Agent |
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By: |
/s/ Xxxxxxx Xxxx |
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Name: |
Xxxxxxx Xxxx |
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Title: |
Vice President |
Signature Page to Amendment No. 1 to
Amended and Restated Credit Agreement
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BANK OF AMERICA, N.A., |
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as a Lender |
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By: |
/s/ Xxxxxxx Xxxxx |
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Name: |
Xxxxxxx Xxxxx |
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Title: |
Director |
Signature Page to Amendment No. 1 to
Amended and Restated Credit Agreement
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XXXXX FARGO BANK, NATIONAL ASSOCIATION, |
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as a Lender |
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By: |
/s/ Xxx Xxxxxxxxx |
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Name: |
Xxx Xxxxxxxxx |
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Title: |
Director |
Signature Page to Amendment No. 1 to
Amended and Restated Credit Agreement
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CITIBANK, N.A., |
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as a Lender |
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By: |
/s/ Xxxxxx Xxxxxxxx |
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Name: |
Xxxxxx Xxxxxxxx |
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Title: |
Vice President |
Signature Page to Amendment No. 1 to
Amended and Restated Credit Agreement
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MUFG BANK, LTD., |
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as a Lender |
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By: |
/s/ Xxxxxxx Xxx |
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Name: |
Xxxxxxx Xxx |
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Title: |
Director |
Signature Page to Amendment No. 1 to
Amended and Restated Credit Agreement
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XXXXXXX SACHS BANK USA, |
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as a Lender |
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By: |
/s/ Xxx Xxxxxx |
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Name: |
Xxx Xxxxxx |
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Title: |
Authorized Signatory |
Signature Page to Amendment No. 1 to
Amended and Restated Credit Agreement
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BNP PARIBAS, |
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as a Lender |
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By: |
/s/ Xxxxxx Xx |
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Name: |
Xxxxxx Xx |
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Title: |
Director |
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By: |
/s/ Xxxxxxx X. Xxxx |
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Name: |
Xxxxxxx X. Xxxx |
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Title: |
Managing Director, SF Branch Manager |
Signature Page to Amendment No. 1 to
Amended and Restated Credit Agreement