NetApp, Inc.
Extract: Charter Amended/Restated (Plain English Desc) from a 8-K on 09/13/2021   Download
SEC Document
SEC Filing

The Board previously approved, subject to stockholder approval, amendments to the Company’s Certificate of Incorporation (as amended and restated, the “Charter”) and Bylaws (as amended, the “Bylaws”) to allow stockholders to act by written consent (the “Written Consent Right”). At the Annual Meeting, the Company’s stockholders approved the adoption of the amendments to the Charter and Bylaws.

Among other procedural safeguards, the Written Consent Right provides that stockholders seeking to act by written consent must own, individually or in the aggregate, at least 25% of the Company’s outstanding common stock for six months in order to request that the Board set a record date to determine the stockholders entitled to act by written consent. The Charter also includes ministerial and conforming changes, and the amendments to the Charter became effective as of September 10, 2021.