0001193125-11-239169 Sample Contracts

Collared Accelerated Share Repurchase Transaction
Collared Accelerated Share Repurchase Transaction • September 1st, 2011 • NetApp, Inc. • Computer storage devices

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Transaction entered into between Bank of America, N.A (“Seller”) and NetApp, Inc., a Delaware corporation, (the “Issuer”) on the Trade Date specified below (the “Transaction”). This confirmation, together with the related Trade Notification (defined below), constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below.

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