SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
Date of Report (date of earliest event reported): January 2, 2012
(Exact name of Registrant as specified in its charter)
495 East Java Drive
Sunnyvale, CA 94089
(Address of principal executive offices) (Zip Code)
(Registrants telephone number, including area code)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
Item 1.02 Termination of a Material Definitive Agreement.
On January 2, 2013, NetApp, Inc. (NetApp) terminated one of its existing synthetic leasing arrangements with BNP Paribas Leasing Corporation (BNPPLC) for Building 7 in Sunnyvale, California (the Property) by exercising its option under the Purchase Agreement (as defined below) to purchase the Property from BNPPLC. Prior to the termination of the arrangement, NetApp leased the property from BNPPLC for a term expiring in January 2013. In connection with the termination, NetApp repaid the outstanding lease balance of approximately $48.5 million and purchased the Property. BNPPLCs rights, title and interest in and to the Synthetic Lease Agreements (as defined below) were terminated and reverted back to NetApp. No early termination penalties were incurred by NetApp as a result of this termination.
The term Synthetic Lease Agreements used herein includes the following agreements between NetApp and BNPPLC that reflect the synthetic leasing arrangement for the Property, all of which have been previously filed with the Securities and Exchange Commission:
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.