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”.
