-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, SwXaM1aQaaDQIqxTBHD/Z8Cr5jHXveETEe6QoZ3JZRAFWrEBAvnDXZltu5mBPvGR bVIBWW8zXPzBw8PTQbk9Sg== 0001181431-09-035759.txt : 20090720 0001181431-09-035759.hdr.sgml : 20090719 20090720113332 ACCESSION NUMBER: 0001181431-09-035759 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20090720 FILED AS OF DATE: 20090720 DATE AS OF CHANGE: 20090720 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: Data Domain, Inc. CENTRAL INDEX KEY: 0001391984 STANDARD INDUSTRIAL CLASSIFICATION: COMPUTER STORAGE DEVICES [3572] IRS NUMBER: 943412175 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 2421 MISSION COLLEGE BLVD CITY: SANTA CLARA STATE: CA ZIP: 95054 BUSINESS PHONE: (408) 980-4800 MAIL ADDRESS: STREET 1: 2421 MISSION COLLEGE BLVD CITY: SANTA CLARA STATE: CA ZIP: 95054 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: EMC CORP CENTRAL INDEX KEY: 0000790070 STANDARD INDUSTRIAL CLASSIFICATION: COMPUTER STORAGE DEVICES [3572] STATE OF INCORPORATION: MA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33517 FILM NUMBER: 09952532 BUSINESS ADDRESS: STREET 1: 176 SOUTH STREET CITY: HOPKINTON STATE: MA ZIP: 01748-9103 BUSINESS PHONE: 5082937208 MAIL ADDRESS: STREET 1: 176 SOUTH STREET CITY: HOPKINTON STATE: MA ZIP: 01748-9103 3 1 rrd248711.xml FORM 3 X0203 3 2009-07-20 0 0001391984 Data Domain, Inc. DDUP 0000790070 EMC CORP 176 SOUTH STREET HOPKINTON MA 01748 0 0 1 0 Common Stock, par value $0.0001 per share 53482354 I See Footnote On July 8, 2009, EMC Corporation, a Massachusetts corporation ("EMC"), Envoy Merger Corporation, a Delaware corporation and a wholly owned subsidiary of EMC ("Purchaser"), and Data Domain, Inc., a Delaware corporation (the "Company"), entered into an Agreement and Plan of Merger (the "Merger Agreement"). As contemplated by the terms of the Merger Agreement, Purchaser commenced, on June 2, 2009, a cash tender offer (the "Offer") to purchase all outstanding shares (the "Shares") of common stock, par value $0.0001 per Share, of the Company, at a price of $33.50 per Share, net to the seller in cash, and subject to the terms and conditions set forth in the Offer to Purchase, dated June 2, 2009, as amended, included as an exhibit to the Tender Offer Statement on Schedule TO filed by EMC and Purchaser with the Securities and Exchange Commission (the "SEC") on June 2, 2009. The Offer expired at 12:00 midnight, New York City time, on Friday, July 17, 2009. An aggregate of 50,947,657 Shares were validly tendered and not withdrawn (not including certain shares tendered under guaranteed delivery procedures), representing approximately 78.2% of the Company's outstanding common stock. On July 20, 2009, Purchaser accepted for payment all validly tendered and not withdrawn Shares. Prior to the commencement of the Offer, on May 29, 2009 and June 1, 2009, Woodland Street Partners, Inc., a Delaware corporation and a wholly owned subsidiary of EMC ("Woodland"), acquired 2,534,697 Shares through ordinary brokerage transactions at prevailing market prices. Purchaser is a direct, wholly owned subsidiary of EMC and is the owner of the Shares purchased in the Offer. Woodland is a direct, wholly owned subsidiary of EMC and is the owner of 2,534,697 Shares acquired through ordinary brokerage transactions at prevailing market prices prior to the commencement of the Offer. /s/ Paul T. Dacier, Executive Vice President and General Counsel 2009-07-20 -----END PRIVACY-ENHANCED MESSAGE-----