Item 1.02 Termination of a Material Definitive Agreement.
Agreement and Plan of Merger with Data Domain, Inc. As previously reported, on May 20, 2009, NetApp, Inc., a Delaware corporation (the "Company"), entered into an Agreement and Plan of Merger (as amended on June 3, 2009, the "Merger Agreement") with Data Domain, Inc., a Delaware corporation ("Data Domain"), Kentucky Merger Sub One Corporation, a Delaware corporation and wholly owned subsidiary of the Company ("Merger Sub One"), and Derby Merger Sub Two Corporation, a Delaware limited liability company and wholly owned subsidiary of the Company ("Merger Sub Two"). Pursuant to the terms of the Merger Agreement, Merger Sub One would have merged with and into Data Domain, with Data Domain continuing as the interim surviving entity, and, immediately thereafter, subject to certain conditions, Data Domain would have merged with and into Merger Sub Two, with Merger Sub Two continuing as the final surviving entity.
On July 8, 2009, in response to an unsolicited tender offer by EMC Corporation, Data Domain's board of directors terminated the Merger Agreement pursuant to the terms thereof and, in connection therewith, paid the Company a $57,000,000 termination fee.
Item 8.01 Other Information.
On July 8, 2009, the Company issued a press release relating to the termination of the Merger Agreement. A copy of the press release is attached hereto as Exhibit 99.1.
Item 9.01 Financial Statements and Exhibits.

Exhibit Number Description 99.1 Press Release by NetApp, Inc., dated July 8, 2009.

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