37 unchanged sentences
Incorporated by Reference
−Removed: Exhibit Title
+Added: Number Exhibit Title Form File No.
+Added: Exhibit Filing
3.1 Amended and Restated Certificate of Incorporation.
+Added: 10-Q 001-37883 3.1 12/8/2016
3.2 Amended and Restated Bylaws.
+Added: S-1/A 333-208711 3.4 5/27/2016
4.1 Amended and Restated Investors’ Rights Agreement, dated as of August 26, 2014, as amended, by and among the Registrant and certain of its stockholders.
+Added: S-1 333-208711 4.1 12/22/2015
4.2 Specimen Class A Common Stock Certificate of the Registrant.
+Added: S-1/A 333-208711 4.2 4/4/2016
4.3 Form of Warrant to Purchase Shares of Capital Stock by and between the Registrant and certain of its investors.
+Added: S-1 333-208711 4.3 12/22/2015
4.4 Indenture, dated as of January 22, 2018, by and between the Registrant and U.S.
Bank National Association and Form of 0% Convertible Senior Notes due 2023.
+Added: 8-K 001-37883 4.1 1/23/2018
4.5 Description of Class A Common Stock.
+Added: 10-K 001-37883 4.5 9/24/2019
10.1† Memorandum of Understanding by and between the Registrant and Flextronics Telecom Systems Limited, executed on March 13, 2017.
+Added: 10-Q 001-37883 10.1 6/5/2019
10.2 Form of Indemnification Agreement by and between the Registrant and each of its directors and executive officers.
+Added: S-1 333-208711 10.1 12/22/2015
10.3+ 2010 Stock Plan and forms of equity agreements thereunder.
+Added: S-1/A 333-208711 10.2 8/16/2016
10.4+ 2011 Stock Plan and forms of equity agreements thereunder.
+Added: S-1 333-208711 10.3 12/22/2015
10.5+ 2016 Equity Incentive Plan and forms of equity agreements thereunder.
−Removed: 2016 Employee Stock Purchase Plan and forms of equity agreements thereunder.
+Added: S-1/A 333-208711 10.4 9/19/2016
+Added: 10.6+ Amended and Restated 2016 Employee Stock Purchase Plan and forms of equity agreements thereunder.
+Added: 10-Q 001-37883 10.1 3/5/2020
10.7+ Employment Agreement, dated as of February 26, 2015, by and between the Registrant and Dheeraj Pandey.
+Added: S-1 333-208711 10.6 12/22/2015
10.8+ Offer Letter, dated as of April 26, 2014, by and between the Registrant and Duston Williams.
−Removed: Offer Letter, dated as of October 15, 2017, by and between the Registrant and Lou Attanasio.
−Removed: Offer Letter, dated as of January 2, 2015, by and between the Registrant and Sunil Potti.
+Added: S-1 333-208711 10.7 12/22/2015
10.9+ Offer Letter, dated as of October 17, 2011, by and between the Registrant and David Sangster.
+Added: S-1 333-208711 10.11 12/22/2015
10.10+ Offer Letter, dated as of December 11, 2013, by and between the Registrant and Michael P.
+Added: S-1 333-208711 10.12 12/22/2015
10.11+ Offer Letter, dated as of July 24, 2015, by and between the Registrant and John McAdam.
+Added: S-1 333-208711 10.13 12/22/2015
10.12+ Executive Incentive Compensation Plan.
+Added: S-1 333-208711 10.14 12/22/2015
10.13 Office Lease, dated as of August 5, 2013, as amended to date, by and between the Registrant and CA-1740 Technology Drive Limited Partnership.
+Added: S-1/A 333-208711 10.15 8/16/2016
10.14 Office Lease, dated as of April 23, 2014, as amended to date, by and between the Registrant and CA-Metro Plaza Limited Partnership.
+Added: S-1/A 333-208711 10.16 8/16/2016
10.15† Original Equipment Manufacturer (OEM) Purchase Agreement, dated as of May 16, 2014, by and among the Registrant, Nutanix Netherlands B.V.
and Super Micro Computer Inc., as amended by Amendment One to Original Equipment Manufacturer (OEM) Purchase Agreement, dated as of November 13, 2017 and Amendment Two to Original Equipment Manufacturer (OEM) Purchase Agreement dated as of October 31, 2018.
+Added: 10-Q 001-37883 10.2 6/5/2019
10.16† Amendment Two to Original Equipment Manufacturer (OEM) Purchase Agreement, dated as of October 31, 2018, by and between the Registrant and Super Micro Computer, Inc.
+Added: 10-Q 001-37883 10.3 12/10/2018
10.17+ Change of Control and Severance Policy.
+Added: S-1/A 333-208711 10.21 9/12/2016
10.18† Integration Services Agreement, dated as of May 19, 2016, by and among the Registrant, Nutanix Netherlands B.V., Avnet, Inc.
and Avnet Europe Comm.
+Added: S-1/A 333-208711 10.18 5/27/2016
10.19+ Amended and Restated Outside Director Compensation Policy.
+Added: 10-Q 001-37883 10.4 12/10/2018
10.20+ Offer Letter, dated as of November 20, 2017, by and between the Registrant and Tyler Wall
+Added: 10-Q 001-37883 10.1 3/15/2018
10.21† Manufacturing Services Agreement, by and among the Registrant, Nutanix Netherlands B.V.
and Flextronics Telecom Systems Limited, entered into on November 1, 2017, as amended by Amendment #1 to Manufacturing Services Agreement entered into on December 19, 2017.
+Added: 10-Q 001-37883 10.3 6/5/2019
10.22 Sixth Amendment to the Office Lease dated as of January 29, 2018, by and between the Registrant and Hudson 1740 Technology, LLC.
+Added: 10-Q 001-37883 10.1 6/12/2018
10.23 Seventh Amendment to the Office Lease dated as of April 4, 2018, by and between the Registrant and Hudson 1740 Technology, LLC.
+Added: 10-Q 001-37883 10.2 6/12/2018
10.24 Fourth Amendment to the Office Lease dated as of April 4, 2018, by and between the Registrant and Hudson Metro Plaza, LLC.
+Added: 10-Q 001-37883 10.3 6/12/2018
10.25 Fifth Amendment to the Office Lease dated as of October 1, 2018, by and between the Registrant and Hudson Metro Plaza, LLC.
+Added: 10-Q 001-37883 10.1 12/10/2018
10.26 Sixth Amendment to the Office Lease dated as of April 5, 2019, by and between the Registrant and Hudson Metro Plaza, LLC.
+Added: 10-K 001-37883 10.28 9/24/2019
10.27 Seventh Amendment to the Office Lease dated as of April 25, 2019, by and between the Registrant and Hudson Metro Plaza, LLC.
+Added: 10-K 001-37883 10.29 9/24/2019
10.28 Office Lease, dated as of April 4, 2018, by and between the Registrant and Hudson Concourse, LLC.
+Added: 10-Q 001-37883 10.4 6/12/2018
10.29†† First Amendment to the Office Lease dated as of September 5, 2018, by and between the Registrant and the Hudson Concourse, LLC.
−Removed: Office Lease, dated as of September 5, 2018, by and between the Registrant and Hudson Concourse, LLC.
+Added: 10-K 001-37883 10.31 9/24/2019
+Added: 10.30 Office Lease for 1741 Technology Dr., dated as of September 5, 2018, by and between the Registrant and Hudson Concourse, LLC.
+Added: 10-Q 001-37883 10.2 12/10/2018
10.31 Purchase Agreement, dated January 17, 2018, by and among the Registrant and Morgan Stanley & Co.
1 unchanged sentence
LLC, as representatives of the initial purchasers named therein, Form of Convertible Note Hedge Confirmation and Form of Warrant Confirmation.
+Added: 8-K 001-37883 10.1 1/23/2018
+Added: 10.32†† Eighth Amendment to the Office Lease, dated as of September 17, 2019, by and between the Registrant and Hudson Metro Plaza, LLC.
+Added: 10-Q 001-37883 10.1 12/5/2019
+Added: 10.33 First Amendment to the Office Lease, dated as of October 22, 2019, by and between the Registrant and Hudson Concourse, LLC.
+Added: 10-Q 001-37883 10.2 12/5/2019
+Added: 10.34†† Confirmation Letter, dated as of November 12, 2019, relating to the Office Lease by and between the Registrant and Hudson Concourse, LLC.
+Added: 10-Q 001-37883 10.3 12/5/2019
+Added: 10.35†† Amendment Four to the Manufacturing Services Agreement, entered into as of September 4, 2019, by and between the Registrant, Nutanix Netherlands B.V.
+Added: and Flextronics Telecom Systems Limited.
+Added: 10-Q 001-37883 10.4 12/5/2019
+Added: 10.36 Participation Agreement to the Original Equipment Manufacturer Purchase Agreement, entered into as of September 26, 2019, by and between the Registrant, Nutanix Netherlands B.V.
+Added: and Super Micro Computer, Inc.
+Added: 10-Q 001-37883 10.5 12/5/2019
+Added: 10.37+ Offer Letter, dated as of October 29, 2019, by and between the Registrant and Tarkan Maner.
+Added: 10-Q 001-37883 10.2 3/5/2020
+Added: 10.38 Investment Agreement, dated as of August 26, 2020, by and among Nutanix, Inc.
+Added: and BCPE Nucleon (DE) SPV, LP.
+Added: 8-K 001-37883 10.1 8/27/2020
21.1 List of subsidiaries of the Registrant.
7 unchanged sentences
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
−Removed: XBRL Instance Document.
−Removed: XBRL Taxonomy Extension Schema Document.
−Removed: XBRL Taxonomy Extension Calculation Linkbase Document.
+Added: 101.INS XBRL Instance Document.
+Added: 101.SCH XBRL Taxonomy Extension Schema Document.
+Added: 101.CAL XBRL Taxonomy Extension Calculation Linkbase Document.
XBRL Taxonomy Extension Definition.
−Removed: XBRL Taxonomy Extension Label Linkbase
−Removed: XBRL Taxonomy Extension Presentation Linkbase Document.
+Added: XBRL Taxonomy Extension Label Linkbase X
+Added: 101.PRE XBRL Taxonomy Extension Presentation Linkbase Document.
† Confidential treatment has been requested for portions of this exhibit.
6 unchanged sentences
NUTANIX, INC.
−Removed: September 24, 2019
+Added: September 23, 2020 By:
/s/ Dheeraj Pandey
5 unchanged sentences
Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed by the following persons on behalf of the registrant and in the capacities and on the dates indicated.
+Added: Signature Title Date
/s/ Dheeraj Pandey
5 unchanged sentences
Chief Financial Officer
−Removed: (Principal Financial Officer and Principal Accounting Officer)
+Added: (Principal Financial Officer)
September 23, 2020
+Added: /s/ Aaron Boynton Chief Accounting Officer
+Added: (Principal Accounting Officer)
September 23, 2020
+Added: Aaron Boynton
+Added: /s/ Sohaib Abbasi
+Added: Director September 23, 2020
+Added: Sohaib Abbasi
+Added: Director September 23, 2020
/s/ Craig Conway
−Removed: September 24, 2019
+Added: Director September 23, 2020
+Added: /s/ Virginia Gambale
+Added: Director September 23, 2020
+Added: Virginia Gambale
/s/ Steven J.
−Removed: September 24, 2019
−Removed: /s/ John McAdam
−Removed: September 24, 2019
+Added: Director September 23, 2020
/s/ Ravi Mhatre
−Removed: September 24, 2019
+Added: Director September 23, 2020
/s/ Jeffrey T.
−Removed: September 24, 2019
−Removed: /s/ Michael P.
−Removed: September 24, 2019
−Removed: September 24, 2019
+Added: Director September 23, 2020
+Added: Stevens Director September 23, 2020
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.