Edgar Filing: NetApp, Inc.

NETAPP, INC.

Date: April 11, 2016

/s/ Matthew K. Fawcett

Matthew K. Fawcett

Senior Vice President, General Counsel and Corporate Secretary

FORM 8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): April 7, 2016

NetApp, Inc.

(Exact name of registrant as specified in its charter)

Delaware

0-27130

77-0307520

(State or other jurisdiction

of incorporation)

(Commission

File Number)

(IRS Employer

Identification No.)

495 East Java Drive

Sunnyvale, CA 94089

(Address of principal executive offices) (Zip Code)

(408) 822-6000

(Registrant’s telephone number, including area code)

Not Applicable

(Former name or former address, if changed since last report.)

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 (see General Instruction A.2. below):

¨	Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨	Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨	Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨	Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

(e)

Retirement and Transition Services Agreement

As previously reported, Robert Salmon will retire from his position as President of NetApp, Inc. (the “Company”), effective April 29, 2016, which is the last day of the Company’s 2016 fiscal year. Mr. Salmon will remain an employee of the Company until June 30, 2016, to provide transition services to the Company. In connection with his retirement and the transition services, on April 7, 2016, Mr. Salmon entered into a retirement and transition services letter agreement with the Company (the “Salmon Agreement”). The Salmon Agreement provides for (i) the release of all claims by Mr. Salmon in favor of the Company; and (ii) a payment of $650,000 to Mr. Salmon for his transition services to the Company.

The foregoing does not constitute a complete summary of the terms of the Salmon Agreement. The Salmon Agreement will be filed with the Company’s Annual Report on Form 10-K for the current fiscal year.

SIGNATURES

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 hereunto duly authorized.