0000899243-16-030071.txt : 20160927 0000899243-16-030071.hdr.sgml : 20160927 20160927072306 ACCESSION NUMBER: 0000899243-16-030071 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20160728 FILED AS OF DATE: 20160927 DATE AS OF CHANGE: 20160927 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: NETSUITE INC CENTRAL INDEX KEY: 0001117106 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 943310471 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 2955 CAMPUS DR STREET 2: STE 100 CITY: SAN MATEO STATE: CA ZIP: 94403 BUSINESS PHONE: 650-627-1000 MAIL ADDRESS: STREET 1: 2955 CAMPUS DR STREET 2: STE 100 CITY: SAN MATEO STATE: CA ZIP: 94403 FORMER COMPANY: FORMER CONFORMED NAME: NETLEDGER INC DATE OF NAME CHANGE: 20000623 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Napa Acquisition Corp CENTRAL INDEX KEY: 0001685624 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33870 FILM NUMBER: 161903340 BUSINESS ADDRESS: STREET 1: 500 ORACLE PARKWAY CITY: REDWOOD CITY STATE: CA ZIP: 94065 BUSINESS PHONE: 650-506-4316 MAIL ADDRESS: STREET 1: 500 ORACLE PARKWAY CITY: REDWOOD CITY STATE: CA ZIP: 94065 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: OC Acquisition LLC CENTRAL INDEX KEY: 0001685623 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33870 FILM NUMBER: 161903341 BUSINESS ADDRESS: STREET 1: 500 ORACLE PARKWAY CITY: REDWOOD CITY STATE: CA ZIP: 94065 BUSINESS PHONE: 8003922999 MAIL ADDRESS: STREET 1: 500 ORACLE PARKWAY CITY: REDWOOD CITY STATE: CA ZIP: 94065 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ORACLE CORP CENTRAL INDEX KEY: 0001341439 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] FISCAL YEAR END: 0531 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33870 FILM NUMBER: 161903342 BUSINESS ADDRESS: STREET 1: 500 ORACLE PARKWAY STREET 2: MAIL STOP 5 OP 7 CITY: REDWOOD CITY STATE: CA ZIP: 94065 BUSINESS PHONE: 6505067000 MAIL ADDRESS: STREET 1: 500 ORACLE PARKWAY STREET 2: MAIL STOP 5 OP 7 CITY: REDWOOD CITY STATE: CA ZIP: 94065 FORMER NAME: FORMER CONFORMED NAME: Ozark Holding Inc. DATE OF NAME CHANGE: 20051013 3 1 doc3.xml FORM 3 SUBMISSION X0206 3 2016-07-28 0 0001117106 NETSUITE INC N 0001341439 ORACLE CORP 500 ORACLE PARKWAY REDWOOD CITY CA 94065 0 0 1 0 0001685623 OC Acquisition LLC 500 ORACLE PARKWAY REDWOOD CITY CA 94065 0 0 1 0 0001685624 Napa Acquisition Corp 500 ORACLE PARKWAY REDWOOD CITY CA 94065 0 0 1 0 No securities are beneficially owned 0 D Each of the Reporting Persons may be deemed to have become a 10% Owner of the Issuer in connection with the entry into of certain Tender and Support Agreements dated July 28, 2016 (the "Tender Agreements"), by OC Acquisition LLC and Napa Acquisition Corporation, and each of Zachary Nelson, Evan Goldberg, James McGeever, Ronald Gill and NetSuite Restricted Holdings LLC, an entity controlled by Lawrence J. Ellison (each, a "Stockholder"), representing an aggregate of 35,291,317 shares of Issuer common stock beneficially owned by the Stockholders. The Tender Agreements were entered into in connection with the Agreement and Plan of Merger, dated July 28, 2016, by and among the Reporting Persons and Issuer. The Reporting Persons exercise voting power in limited situations over such shares of the Issuer's common stock through the grant of an irrevocable proxy by each of the Stockholders in the Tender Agreements. (continued from Footnote 1) The Reporting Persons have no pecuniary interest in any of such shares of Issuer's common stock. /s/Brian S. Higgins, Vice President, Oracle Corporation 2016-09-27 /s/Brian S. Higgins, Secretary, OC Acquisition LLC 2016-09-27 /s/Brian S. Higgins, Vice President, Napa Acquisition Corporation 2016-09-27