0000950134-08-011025 Sample Contracts

NETAPP, INC.
Registration Rights Agreement • June 10th, 2008 • NetApp, Inc. • Computer storage devices • New York

NetApp, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the Purchasers (as defined herein) upon the terms set forth in the Purchase Agreement (as defined herein) its 1.75% Convertible Senior Notes due 2013 (the “Securities”). As an inducement to the Purchasers to enter into the Purchase Agreement and in satisfaction of a condition to the obligations of the Purchasers thereunder, the Company agrees with the Purchasers for the benefit of Holders (as defined herein) from time to time of the Registrable Securities (as defined herein) as follows:

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AMENDMENT TO CONFIRMATION
Confirmation Amendment • June 10th, 2008 • NetApp, Inc. • Computer storage devices • New York

WHEREAS, Dealer and Issuer are parties to a Confirmation dated as of June 4, 2008 (the “Confirmation”) evidencing an Issuer Warrant Transaction [Insert Reference Number];

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