Sunnyvale, CA - July 6, 2009
- NetApp (NASDAQ: NTAP) today responded to EMC's announcement that
it has revised its unsolicited offer to acquire Data Domain.
"In response to EMC's revised, unsolicited
offer, the NetApp Board of Directors will carefully weigh its
options, keeping in mind both its fiduciary duty to its
stockholders and its disciplined acquisition strategy. We will
provide an update shortly," said Dan Warmenhoven, chairman and CEO
of NetApp.
Forward-Looking
Statements
In addition to historical information, this document contains
certain forward-looking statements within the meaning of Section
27A of the Securities Act of 1933, as amended, and Section 21E of
the Securities Exchange Act of 1934, as amended. The
forward-looking statements contained herein represent NetApp's
beliefs regarding future events, many of which are, by their
nature, inherently uncertain and outside NetApp's control.
Forward-looking statements include, but are not limited to,
statements regarding the benefits of NetApp's acquisition of Data
Domain, including future financial and operating results; NetApp's
plans, objectives, expectations and intentions; and other
statements that are not historical facts.
NetApp cautions readers that the
forward-looking statements contained herein are subject to risks
and uncertainties that could cause actual results to differ
materially from the results anticipated by such statements. Such
risks and uncertainties include, but are not limited to, NetApp's
ability to obtain regulatory approvals of the transaction on the
proposed terms and schedule; the risk that Data Domain's
stockholders will not approve the transaction; the risk that the
businesses will not be integrated successfully; the risk that the
cost savings and other synergies from the transaction will not be
fully realized or may take longer to realize than expected; the
possibility that there may be disruptions from the transaction
making it more difficult to maintain relationships with customers,
employees or suppliers; uncertainties regarding competition and its
effect on pricing, spending, third-party relationships and
revenues; and the other risks affecting NetApp, Data Domain or the
combined entity described in (i) the Proxy Statement/Prospectus
filed by NetApp with the Securities and Exchange Commission (the
"SEC") on June 4, 2009, as the same may be amended from time to
time, and (ii) other filings made by NetApp and Data Domain with
the SEC, including, but not limited to, Quarterly Reports on Form
10-Q and Annual Reports on Form 10-K. NetApp disclaims any
obligation to update and revise the forward-looking statements
contained in these materials based on new information or
otherwise.
Additional Information and Where to
Find It
As mentioned above, in connection with the proposed acquisition of
Data Domain, on June 4, 2009, NetApp filed with the SEC a
Registration Statement on Form S-4 (Commission File Number
333-159722), as the same may be amended from time to time,
containing a Proxy Statement/Prospectus for Data Domain's
stockholders, and NetApp and Data Domain each plan to file with the
SEC other documents regarding the proposed transaction. The
definitive Proxy Statement/Prospectus will be mailed to the
stockholders of Data Domain. Before making any investment
or voting decision, investors and security holders of data domain
are urged to read the proxy statement/prospectus and other
documents filed with the sec carefully in their entirety because
such documents contain important information about the proposed
transaction.
Investors and security holders will be able
to obtain free copies of the Registration Statement, Proxy
Statement/Prospectus and other documents filed with the SEC by
NetApp and Data Domain through the web site maintained by the SEC
at www.sec.gov and
by contacting NetApp Investor Relations at (408) 822-7098 or Data
Domain Investor Relations at (408) 980-4909. In addition, investors
and security holders will be able to obtain free copies of the
documents filed with the SEC on NetApp's website at www.netapp.com/fr and on Data
Domain's website at www.datadomain.com.
Participants in the Solicitation of
Proxies
NetApp, Data Domain and their respective directors, executive
officers and certain other members of management and employees may
be deemed to be participants in the solicitation of proxies in
respect of the proposed transaction. No additional consideration
will be paid to any such participants as a result of any such
solicitations. Additional information regarding NetApp's executive
officers and directors is included in NetApp's definitive proxy
statement on Schedule 14A, as filed with the SEC on July 14, 2008,
and NetApp's Annual Report on Form 10-K, as filed with the SEC on
June 17, 2009, and additional information regarding Data Domain's
executive officers and directors is included in the Proxy
Statement/Prospectus referenced above, as well as in Data Domain's
Annual Report on Form 10-K and Form 10-K/A, as filed with the SEC
on March 13, 2009 and April 30, 2009, respectively. You can obtain
free copies of these documents from NetApp or Data Domain using the
contact information above.
About NetApp
NetApp creates innovative storage and data management solutions
that help our customers deliver outstanding cost efficiency and
accelerate business breakthroughs. Discover our passion for
helping companies around the world go further, faster at www.netapp.com/fr.