UNITED STATES SECURITIES AND
EXCHANGE COMMISSION
Washington, D.C. 20549
Washington, D.C. 20549
Form 10-Q/A
(Amendment No. 1)
| (Mark One) | ||
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þ
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QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 | |
| For the quarterly period ended July 30, 2010 | ||
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OR
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o
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TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 | |
| For the transition period from to | ||
Commission file number 0-27130
NetApp, Inc.
(Exact name of registrant as
specified in its charter)
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Delaware
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77-0307520 | |
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(State or other jurisdiction
of incorporation or organization) |
(IRS Employer Identification No.) |
495 East
Java Drive,
Sunnyvale, California 94089
(Address of principal executive offices, including zip code)
Sunnyvale, California 94089
(Address of principal executive offices, including zip code)
Registrant’s telephone number, including area code:
(408) 822-6000
Indicate by check mark whether the registrant (1) has filed
all reports required to be filed by Section 13 or 15(d) of
the Securities Exchange Act of 1934 during the preceding
12 months (or for such shorter period that the registrant
was required to file such reports), and (2) has been
subject to such filing requirements for the past
90 days. Yes þ No o
Indicate by check mark whether the registrant has submitted
electronically and posted on its corporate Web site, if any,
every Interactive Data File required to be submitted and posted
pursuant to Rule 405 of
Regulation S-T
(§ 232.405 of this chapter) during the preceding
12 months (or for such shorter period that the registrant
was required to submit and post such
files). Yes þ No
o
Indicate by check mark whether the registrant is a large
accelerated filer, an accelerated filer, a non-accelerated
filer, or a smaller reporting company. See the definitions of
“large accelerated filer,” “accelerated
filer” and “smaller reporting company” in
Rule 12b-2
of the Exchange Act. (Check one):
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Large accelerated
filer þ
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Accelerated filer o | Non-accelerated filer o | Smaller reporting company o | |||
| (Do not check if a smaller reporting company) | ||||||
Indicate by check mark whether the registrant is a shell company
(a
Rule 12b-2
of the Exchange
Act). Yes o No þ
Indicate the number of shares outstanding of each of the
issuer’s classes of common stock, as of the latest
practicable date.
| Class | Outstanding at August 13, 2010 | |
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Common Stock
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357,081,286 |
Explanatory
Note
This
Form 10-Q/A
amends the Quarterly Report on
Form 10-Q
of NetApp, Inc. for the quarter ended July 30, 2010 filed
on August 27, 2010 (the
“Form 10-Q”)
for the sole purpose of furnishing the Interactive Data File as
Exhibit 101 in accordance with Rule 405(a)(2) of
Regulation S-T.
No other changes have been made to the
Form 10-Q.
This
Form 10-Q/A
speaks as of the original filing date of the
Form 10-Q,
does not reflect events that may have occurred subsequent to the
original filing date, and does not modify or update in any way
disclosures made in the
Form 10-Q.
XBRL information is furnished and not filed or part of a
registration statement or prospectus for purposes of
sections 11 or 12 of the Securities Act of 1933, is deemed
not filed for purposes of section 18 of the Securities and
Exchange Act of 1934, and is not otherwise subject to liability
under those sections.
PART II —
OTHER INFORMATION
| Item 6. | Exhibits |
See the Exhibit Index immediately following the signature
page of this Quarterly Report on
Form 10-Q/A
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of
1934, the registrant has duly caused this report to be signed on
its behalf by the undersigned thereunto duly authorized.
NETAPP, INC.
(Registrant)
/s/ STEVEN
J. GOMO
Steven J. Gomo
Executive Vice President of Finance and
Chief Financial Officer
Date: September 13, 2010
EXHIBIT INDEX
| Exhibit No | Description | |||
| 3 | .1(1) | Certificate of Incorporation of the Company, as amended. | ||
| 3 | .2(2) | Bylaws of the Company. | ||
| 10 | .1(3) | Bycast Inc. 2010 Equity Incentive Plan. | ||
| 10 | .2(3) | Incentive Stock Option Plan of Bycast Inc. | ||
| 31 | .1(4) | Certification of the Chief Executive Officer pursuant to Section 302(a) of the Sarbanes-Oxley Act of 2002. | ||
| 31 | .2(4) | Certification of the Chief Financial Officer pursuant to Section 302(a) of the Sarbanes-Oxley Act of 2002. | ||
| 32 | .1(4) | Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002. | ||
| 32 | .2(4) | Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002. | ||
| 101 | .INS | XBRL Instance Document | ||
| 101 | .SCH | XBRL Taxonomy Extension Schema Document | ||
| 101 | .DEF | XBRL Taxonomy Extension Definition Linkbase Document | ||
| 101 | .CAL | XBRL Taxonomy Calculation Linkbase Document | ||
| 101 | .LAB | XBRL Taxonomy Label Linkbase Document | ||
| 101 | .PRE | XBRL Taxonomy Extension Presentation Linkbase Document | ||
| (1) | Previously filed as an exhibit to the Company’s Annual Report on Form 10-K dated June 24, 2008. | |
| (2) | Previously filed as an exhibit to the Company’s Quarterly Report on Form 10-Q dated March 1, 2010. | |
| (3) | Previously filed as an exhibit to the Company’s S-8 registration statement dated June 18, 2010. | |
| (4) | Previously filed as an exhibit to the Company’s Quarterly Report on Form 10-Q dated August 27, 2010. |