Item 1.02 Termination of a Material Definitive Agreement.

On December 3, 2012, NetApp, Inc. ("NetApp") terminated one of its existing synthetic leasing arrangements with BNP Paribas Leasing Corporation ("BNPPLC") for 1299 Orleans 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 December 2012. In connection with the termination, NetApp repaid the outstanding lease balance of approximately $10,475,000 and purchased the Property. BNPPLC's 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:

• Purchase Agreement (1299 Orleans), dated November 29, 2007 (the "Purchase Agreement");

• Lease Agreement (1299 Orleans), dated November 29, 2007 (the "Lease Agreement");

• Closing Certificate and Agreement (1299 Orleans), dated November 29, 2007;

• Common Definitions and Provisions Agreement (1299 Orleans), dated November 29, 2007;

• First Modification Agreement (1299 Orleans), dated April 9, 2008; and

• Second Modification Agreement (1299 Orleans), dated December 31, 2010.

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