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
