NETAPP, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • June 5th, 2014 • NetApp, Inc. • Computer storage devices • New York
NetApp, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for whom you are acting as managers (the “Managers”), the principal amount of its debt securities identified in Schedule I hereto (the “Securities”) under the terms and subject to the conditions set forth in this agreement (the “Agreement”), to be issued under the indenture (the “Base Indenture”) and second supplemental indenture (the “Supplemental Indenture” and, together with the Base Indenture, the “Indenture”) specified in Schedule I hereto between the Company and the Trustee identified in such Schedule (the “Trustee”). If the firm or firms listed in Schedule II hereto include only the Managers listed in Schedule I hereto, then the terms “Underwriters” and “Managers” as used herein shall each be deemed to refer to such firm or firms.
NETAPP, INC. as Issuer and as Trustee SECOND SUPPLEMENTAL INDENTURE Dated as of June 5, 2014 $500,000,000 of 3.375% Senior Notes due 2021Second Supplemental Indenture • June 5th, 2014 • NetApp, Inc. • Computer storage devices • New York
THIS SECOND SUPPLEMENTAL INDENTURE (the “Second Supplemental Indenture”) is dated as of June 5, 2014 between NETAPP, INC., a Delaware corporation (the “Company”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the “Trustee”).
