0000950134-08-011751 Sample Contracts

COMMON DEFINITIONS AND PROVISIONS AGREEMENT (BUILDING 9) between BNP PARIBAS LEASING CORPORATION and NETWORK APPLIANCE, INC. Dated as of February 1, 2008
Common Definitions and Provisions Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices • California

This COMMON DEFINITIONS AND PROVISIONS AGREEMENT (BUILDING 9) (this “Agreement”), dated as of February 1, 2008 (the “Effective Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETWORK APPLIANCE, INC. (“NAI”), a Delaware corporation.

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AMENDED AND RESTATED PURCHASE AGREEMENT (BUILDING 8) BETWEEN NETWORK APPLIANCE, INC. (“NAI”) AND BNP PARIBAS LEASING CORPORATION (“BNPPLC”) November 29, 2007
Purchase Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices • California

This AMENDED AND RESTATED PURCHASE AGREEMENT (BUILDING 8) (this “Agreement”), dated as of November 29, 2007 (the “Effective Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETWORK APPLIANCE, INC. (“NAI”), a Delaware corporation.

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AMENDED AND RESTATED CONSTRUCTION AGREEMENT (BUILDING 8) BETWEEN NETWORK APPLIANCE, INC. (“NAI”) AND BNP PARIBAS LEASING CORPORATION (“BNPPLC”) November 29, 2007
Construction Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices

This AMENDED AND RESTATED CONSTRUCTION AGREEMENT (BUILDING 8) (this “Agreement”), dated as of November 29, 2007 (the “Effective Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETWORK APPLIANCE, INC. (“NAI”), a Delaware corporation.

Sample 1Sample 2Sample 3
LEASE AGREEMENT (BUILDING 9) BETWEEN NETWORK APPLIANCE, INC. (“NAI”) AND BNP PARIBAS LEASING CORPORATION (“BNPPLC”) February 1, 2008
Lease Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices

This LEASE AGREEMENT (BUILDING 9) (this “Lease”), dated as of February 1, 2008 (the “Effective Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETWORK APPLIANCE, INC. (“NAI”), a Delaware corporation.

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AMENDED AND RESTATED LEASE AGREEMENT (BUILDING 8) BETWEEN NETWORK APPLIANCE, INC. (“NAI”) AND BNP PARIBAS LEASING CORPORATION (“BNPPLC”) November 29, 2007
Lease Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices

This AMENDED AND RESTATED LEASE AGREEMENT (BUILDING 8) (this “Lease”), dated as of November 29, 2007 (the “Effective Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETWORK APPLIANCE, INC. (“NAI”), a Delaware corporation.

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AMENDED AND RESTATED CLOSING CERTIFICATE AND AGREEMENT (BUILDING 8) BETWEEN NETWORK APPLIANCE, INC. (“NAI”) AND BNP PARIBAS LEASING CORPORATION (“BNPPLC”) November 29, 2007
Closing Certificate and Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices

This AMENDED AND RESTATED CLOSING CERTIFICATE AND AGREEMENT (BUILDING 8) (this “Certificate”), dated as of November 29, 2007 (the “Effective Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETWORK APPLIANCE, INC. (“NAI”), a Delaware corporation.

Sample 1Sample 2
AMENDED AND RESTATED CONSTRUCTION AGREEMENT (BUILDING 7) BETWEEN NETWORK APPLIANCE, INC. (“NAI”) AND BNP PARIBAS LEASING CORPORATION (“BNPPLC”) November 29, 2007
Construction Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices

This AMENDED AND RESTATED CONSTRUCTION AGREEMENT (BUILDING 7) (this “Agreement”), dated as of November 29, 2007 (the “Effective Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETWORK APPLIANCE, INC. (“NAI”), a Delaware corporation.

Sample 1
FIRST MODIFICATION AGREEMENT (1299 ORLEANS)
First Modification Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices

This FIRST MODIFICATION AGREEMENT (1299 ORLEANS) (this “Amendment”), dated as of April 9, 2008 (the “Amendment Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETAPP, INC. (“NAI”), a Delaware corporation which is a successor by merger to Network Appliance, Inc.

Sample 1
AMENDMENT NO. 2 Dated as of April 10, 2008 to SECURED CREDIT AGREEMENT Dated as of October 5, 2007
Secured Credit Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices • New York

THIS AMENDMENT NO. 2 (“Amendment”) is made as of April 10, 2008 (the “Effective Date”) by and among NetApp, Inc. (f/k/a Network Appliance, Inc.), a Delaware corporation (the “Borrower”), the financial institutions listed on the signature pages hereof and JPMorgan Chase Bank, National Association, as Administrative Agent (the “Administrative Agent”), under that certain Credit Agreement dated as of October 5, 2007 by and among the Borrower, the Lenders from time to time party thereto and the Administrative Agent (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Credit Agreement.

Sample 1
FIRST MODIFICATION AGREEMENT (MOFFETT BUSINESS CENTER)
First Modification Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices

This FIRST MODIFICATION AGREEMENT (MOFFETT BUSINESS CENTER) (this “Amendment”), dated as of April 9, 2008 (the “Amendment Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETAPP, INC. (“NAI”), a Delaware corporation which is a successor by merger to Network Appliance, Inc.

Sample 1
FIRST MODIFICATION AGREEMENT (BUILDING 9)
First Modification Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices

This FIRST MODIFICATION AGREEMENT (BUILDING 9) (this “Amendment”), dated as of April 9, 2008 (the “Amendment Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETAPP, INC. (“NAI”), a Delaware corporation which is a successor by merger to Network Appliance, Inc.

Sample 1
AMENDMENT NO. 1 Dated as of April 10, 2008 to CREDIT AGREEMENT Dated as of November 2, 2007
Credit Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices • New York

THIS AMENDMENT NO. 1 (“Amendment”) is made as of April 10, 2008 (the “Effective Date”) by and among NetApp, Inc. (f/k/a Network Appliance, Inc.), a Delaware corporation (the “Borrower”), the financial institutions listed on the signature pages hereof and JPMorgan Chase Bank, National Association, as Administrative Agent (the “Administrative Agent”), under that certain Credit Agreement dated as of November 2, 2007 by and among the Borrower, the Lenders from time to time party thereto, Bank of America, N.A., Citicorp USA, Inc. and Standard Chartered Bank, as Co-Documentation Agents, BNP Paribas, as Syndication Agent and the Administrative Agent (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Credit Agreement.

Sample 1
FIRST MODIFICATION AGREEMENT (BUILDING 7)
First Modification Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices

This FIRST MODIFICATION AGREEMENT (BUILDING 7) (this “Amendment”), dated as of April 9, 2008 (the “Amendment Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETAPP, INC. (“NAI”), a Delaware corporation which is a successor by merger to Network Appliance, Inc.

Sample 1
AMENDED AND RESTATED GROUND LEASE (BUILDING 7) BETWEEN NETWORK APPLIANCE, INC. (“NAI”) AND BNP PARIBAS LEASING CORPORATION (“BNPPLC”) November 29, 2007
Ground Lease • June 24th, 2008 • NetApp, Inc. • Computer storage devices

This AMENDED AND RESTATED GROUND LEASE (BUILDING 7) (this “Ground Lease”), dated as of November 29, 2007 (the “Effective Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETWORK APPLIANCE, INC. (“NAI”), a Delaware corporation.

Sample 1
FIRST MODIFICATION AGREEMENT (RTP DATA CENTER)
First Modification Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices

This FIRST MODIFICATION AGREEMENT (RTP DATA CENTER) (this “Amendment”), dated as of April 9, 2008 (the “Amendment Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETAPP, INC. (“NAI”), a Delaware corporation which is a successor by merger to Network Appliance, Inc.

Sample 1
AMENDMENT NO. 1 Dated as of November 2, 2007 to SECURED CREDIT AGREEMENT Dated as of October 5, 2007
Secured Credit Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices • New York

THIS AMENDMENT NO. 1 (“Amendment”) is made as of November 2, 2007 (the “Effective Date”) by and among Network Appliance, Inc., a Delaware corporation (the “Borrower”), the financial institutions listed on the signature pages hereof and JPMorgan Chase Bank, National Association, as Administrative Agent (the “Administrative Agent”), under that certain Secured Credit Agreement dated as of October 5, 2007 by and among the Borrower, the Lenders and the Administrative Agent (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Credit Agreement.

Sample 1
AMENDED AND RESTATED CLOSING CERTIFICATE AND AGREEMENT (BUILDING 7) BETWEEN NETWORK APPLIANCE, INC. (“NAI”) AND BNP PARIBAS LEASING CORPORATION (“BNPPLC”) November 29, 2007
Closing Certificate and Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices

This AMENDED AND RESTATED CLOSING CERTIFICATE AND AGREEMENT (BUILDING 7) (this “Certificate”), dated as of November 29, 2007 (the “Effective Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETWORK APPLIANCE, INC. (“NAI”), a Delaware corporation.

Sample 1
FIRST MODIFICATION AGREEMENT (BUILDING 8)
First Modification Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices

This FIRST MODIFICATION AGREEMENT (BUILDING 8) (this “Amendment”), dated as of April 9, 2008 (the “Amendment Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETAPP, INC. (“NAI”), a Delaware corporation which is a successor by merger to Network Appliance, Inc.

Sample 1
CLOSING CERTIFICATE AND AGREEMENT (BUILDING 9) BETWEEN NETWORK APPLIANCE, INC. (“NAI”) AND BNP PARIBAS LEASING CORPORATION (“BNPPLC”) February 1, 2008
Closing Certificate and Agreement • June 24th, 2008 • NetApp, Inc. • Computer storage devices

This CLOSING CERTIFICATE AND AGREEMENT (BUILDING 9) (this “Certificate”), dated as of February 1, 2008 (the “Effective Date”), is made by and between BNP PARIBAS LEASING CORPORATION (“BNPPLC”), a Delaware corporation, and NETWORK APPLIANCE, INC. (“NAI”), a Delaware corporation.

Sample 1
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