N / NetSuite, Inc. - Pemfailan SEC, Laporan Tahunan, Penyata Proksi

NetSuite, Inc.
US ˙ NYSE
SIMBOL INI TIDAK AKTIF LAGI

Statistik Asas
CIK 1117106
SEC Filings
All companies that sell securities in the United States must register with the Securities and Exchange Commission (SEC) and file reports on a regular basis. These reports include company annual reports (10K, 10Q), news updates (8K), investor presentations (found in 8Ks), insider trades (form 4), ownership reports (13D, and 13G), and reports related to the specific securities sold, such as registration statements and prospectus. This page shows recent SEC filings related to NetSuite, Inc.
SEC Filings (Chronological Order)
Halaman ini menyediakan senarai kronologi lengkap bagi Pemfailan SEC, tidak termasuk pemfailan pemilikan yang kami sediakan di tempat lain.
November 17, 2016 15-12B

NetSuite 15-12B

15-12B UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 15 CERTIFICATION AND NOTICE OF TERMINATION OF REGISTRATION UNDER SECTION 12(g) OF THE SECURITIES EXCHANGE ACT OF 1934 OR SUSPENSION OF DUTY TO FILE REPORTS UNDER SECTIONS 13 AND 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934. Commission File Number 001-33870 NETSUITE INC. (Exact name of registrant as specified in its

November 15, 2016 SC 13D/A

N / NetSuite, Inc. / ORACLE CORP - AMENDMENT NO. 2 ON SCHEDULE 13D Activist Investment

Amendment No. 2 on Schedule 13D UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 2)* NetSuite Inc. (Name of Issuer) Common Stock, par value $0.0001 (Title of Class of Securities) 64118Q107 (CUSIP Number) Copies to: Brian S. Higgins Vice President and Associate General Counsel Oracle Corporation 500 Oracle

November 9, 2016 SC 13E3/A

N / NetSuite, Inc. / NETSUITE INC - SC 13E3/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13E-3 (§240.13e-100) RULE 13e-3 TRANSACTION STATEMENT UNDER SECTION 13(e) OF THE SECURITIES EXCHANGE ACT OF 1934 (AMENDMENT NO. 2) NETSUITE INC. (Name of Issuer) NETSUITE INC. (Name of Person(s) Filing Statement) Common Stock, par value $0.01 Per Share (Title of Class of Securities) 64118Q107 (CUSIP Number of Class of

November 8, 2016 EX-3.1

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION NETSUITE INC. ARTICLE I

EX-3.1 2 d273737dex31.htm EX-3.1 Exhibit 3.1 AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF NETSUITE INC. ARTICLE I The name of this Corporation is NetSuite Inc. (the “Corporation”). ARTICLE II The address of the Corporation’s registered office in the State of Delaware is 2711 Centerville Road, Suite 400, in the City of Wilmington, County of New Castle 19808. The name of its registered agent

November 8, 2016 EX-3.2

BYLAWS NETSUITE INC. TABLE OF CONTENTS Page ARTICLE 1 CORPORATE OFFICES 1 1.1 Registered Office 1 1.2 Other Offices 1 ARTICLE 2 STOCKHOLDERS’ MEETINGS 1 2.1 Place Of Meetings 1 2.2 Annual Meeting 1 2.3 Special Meeting 1 2.4 Notice Of Stockholders’ Me

EX-3.2 Exhibit 3.2 BYLAWS OF NETSUITE INC. TABLE OF CONTENTS Page ARTICLE 1 CORPORATE OFFICES 1 1.1 Registered Office 1 1.2 Other Offices 1 ARTICLE 2 STOCKHOLDERS? MEETINGS 1 2.1 Place Of Meetings 1 2.2 Annual Meeting 1 2.3 Special Meeting 1 2.4 Notice Of Stockholders? Meetings 2 2.5 Manner Of Giving Notice; Affidavit Of Notice 2 2.6 Quorum 2 2.7 Adjourned Meeting; Notice 2 2.8 Conduct Of Business

November 8, 2016 8-K

Changes in Control of Registrant, Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Material Modification to Rights of Security Holders, Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing, Financial Statements and Exhibits, Completion of Acquisition or Disposition of Assets

8-K 1 d273737d8k.htm 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of report (Date of earliest event reported): November 5, 2016 NETSUITE INC. (Exact Name of Registrant as Specified in its Charter) Delaware (State or Other Jurisdiction of Incorporation) 001-33870 94-331

November 7, 2016 EX-99.25

EX-99.25

EX-99.25 2 ruleprovisionnotice.htm NOTIFICATION OF THE REMOVAL FROM LISTING AND REGISTRATION OF THE STATED SECURITIES The New York Stock Exchange hereby notifies the SEC of its intention to remove the entire class of the stated securities from listing and registration on the Exchange at the opening of business on November 18, 2016, pursuant to the provisions of Rule 12d2-2 (a). [ X ] 17 CFR 240.12

November 7, 2016 SC 14D9/A

NetSuite SC 14D9/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 Amendment No. 7 NetSuite Inc. (Name of Subject Company) NetSuite Inc. (Name of Person(s) Filing Statement) Common Stock, par value $0.01 per share (Title of Class of Securities) 64118Q107 (CUSIP Num

November 7, 2016 EX-99.(A)(5)(H)

# # #

EX-99.(A)(5)(H) Exhibit (a)(5)(H) Press Release Oracle Completes Tender Offer for Acquisition of NetSuite Deal to Close Monday Redwood Shores, Calif. — Nov 5, 2016 - Oracle Corporation (NYSE: ORCL) announced that a majority of the unaffiliated shares of NetSuite Inc. (NYSE: N) were validly tendered and the other conditions to the tender offer have been satisfied. The acquisition of NetSuite will b

November 7, 2016 SC TO-T/A

N / NetSuite, Inc. / ORACLE CORP - AMENDMENT NO. 7 TO THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO

AMENDMENT NO. 7 TO THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(D)(1) OR 13(E)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. 7) NETSUITE INC. (Name of Subject Company (Issuer)) NAPA ACQUISITION CORPORATION (Offeror) a subsidiary of OC ACQUISITION LLC (Parent o

November 2, 2016 EX-99

27 October 2016

Exhibit 1 T.RowePrice INVEST WITH CONFIDENCE 27 October 2016 Ms. Renee J. James Chairperson, Special Committee of the Board of Directors Oracle Corp. 500 Oracle Parkway Redwood City CA 94065 Dear Ms. James: I am writing to reiterate our firm?s position on Oracle?s proposed acquisition of NetSuite. On behalf of the portfolio managers within T. Rowe Price Associates who own NetSuite shares, we would

November 2, 2016 SC 14D9

NetSuite NETSUITE INC.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 SOLICITATION/RECOMMENDATION STATEMENT UNDER SECTION 14(d)(4) OF THE SECURITIES EXCHANGE ACT OF 1934 NetSuite, Inc. (Name of Subject Company) T. Rowe Price Associates, Inc. (Name of Persons Filing Statement) Common Stock, par value $0.01 per share (Title of Class of Securities) 64118Q107 (CUSIP Number of Class of

November 2, 2016 SC 13D

N / NetSuite, Inc. / PRICE T ROWE ASSOCIATES INC /MD/ - NETSUITE Activist Investment

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. )* NetSuite Inc. (Name of Issuer) Common Stock, $0.01 par value per share (Title of Class of Securities) 64118Q107 (CUSIP Number) David Oestreicher, Esq. T. Rowe Price Associates, Inc. 100 East Pratt Street - 13th Floor Baltimore, Maryland 21202 (410) 345-2000 Marc Weinga

October 31, 2016 SC 13E3/A

N / NetSuite, Inc. / NETSUITE INC - SC 13E3/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13E-3 (§240.13e-100) RULE 13e-3 TRANSACTION STATEMENT UNDER SECTION 13(e) OF THE SECURITIES EXCHANGE ACT OF 1934 (AMENDMENT NO. 1) NETSUITE INC. (Name of Issuer) NETSUITE INC. (Name of Person(s) Filing Statement) Common Stock, par value $0.01 Per Share (Title of Class of Securities) 64118Q107 (CUSIP Number of Class of

October 31, 2016 CORRESP

NetSuite ESP

CORRESP 1 filename1.htm 650 Page Mill Road Palo Alto, CA 94304-1050 PHONE 650.493.9300 FAX 650.493.6811 www.wsgr.com DOUGLAS K. SCHNELL Internet: [email protected] Direct Dial: (650) 849-3275 October 31, 2016 BY EDGAR Nicholas P. Panos, Esq., Senior Special Counsel Office of Mergers and Acquisitions Division of Corporation Finance Securities and Exchange Commission 100 F Street, N.E. Washington, D

October 28, 2016 10-Q

NetSuite SEPTEMBER 30, 2016 FORM 10-Q (Quarterly Report)

Document Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

October 28, 2016 EX-99.(A)(5)(G)

via electronic mail: [email protected]

EX-99.(A)(5)(G) Exhibit (a)(5)(G) via electronic mail: [email protected] 27 October 2016 Ms. Renée J. James Chairperson, Special Committee of the Board of Directors Oracle Corp. 500 Oracle Parkway Redwood City CA 94065 Dear Ms. James: I am writing to reiterate our firm’s position on Oracle’s proposed acquisition of NetSuite. On behalf of the portfolio managers within T. Rowe Price Asso

October 28, 2016 SC TO-T/A

N / NetSuite, Inc. / ORACLE CORP - AMENDMENT NO. 6 TO THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO

AMENDMENT NO. 6 TO THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(D)(1) OR 13(E)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. 6) NETSUITE INC. (Name of Subject Company (Issuer)) NAPA ACQUISITION CORPORATION (Offeror) a subsidiary of OC ACQUISITION LLC (Parent o

October 21, 2016 8-K

Results of Operations and Financial Condition

8-K 1 a93020168k.htm 8-K - Q3 2016 EARNINGS RELEASE UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 21, 2016 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other

October 21, 2016 EX-99.1

NETSUITE ANNOUNCES THIRD QUARTER 2016 FINANCIAL RESULTS

Exhibit Exhibit 99.1 Investor Relations Contact: Media Contact: Eva Leung Mei Li NetSuite Inc. NetSuite Inc. 650.627.2480 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES THIRD QUARTER 2016 FINANCIAL RESULTS SAN MATEO, Calif. - October 21, 2016 -NetSuite Inc. (NYSE: N), the industry's leading provider of cloud financials / ERP and omnichannel commerce software suites, today a

October 7, 2016 SC 14D9/A

NetSuite SC 14D9/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 Amendment No. 6 NetSuite Inc. (Name of Subject Company) NetSuite Inc. (Name of Person(s) Filing Statement) Common Stock, par value $0.01 per share (Title of Class of Securities) 64118Q107 (CUSIP Num

October 7, 2016 SC TO-T/A

N / NetSuite, Inc. / ORACLE CORP - AMENDMENT NO. 5 TO THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO

AMENDMENT NO. 5 TO THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(D)(1) OR 13(E)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. 5) NETSUITE INC. (Name of Subject Company (Issuer)) NAPA ACQUISITION CORPORATION (Offeror) a subsidiary of OC ACQUISITION LLC (Parent o

October 7, 2016 EX-99.(A)(5)(F)

# # #

EX-99.(A)(5)(F) Exhibit (a)(5)(F) Press Release Oracle Announces Final Extension of Tender Offer for NetSuite to Expire on November 4 Redwood Shores, CALIF, Oct 7, 2016 — Oracle Corporation (NYSE: ORCL) announced today that it has extended the expiration of its tender offer for the acquisition of NetSuite Inc. (NYSE: N) to Friday, November 4, 2016. This will be the final extension that Oracle is o

October 4, 2016 CORRESP

N / NetSuite, Inc. / ORACLE CORP

Comment Response Letter to the SEC VIA EDGAR 200 Crescent Court, Suite 300 Dallas, TX 75201-6950 +1 214 746 7700 tel +1 214 746 7777 fax October 4, 2016 James R.

October 4, 2016 SC TO-T/A

N / NetSuite, Inc. / ORACLE CORP - AMENDMENT NO. 4 TO THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO

AMENDMENT NO. 4 TO THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(D)(1) OR 13(E)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. 4) NETSUITE INC. (Name of Subject Company (Issuer)) NAPA ACQUISITION CORPORATION (Offeror) a subsidiary of OC ACQUISITION LLC (Parent o

September 27, 2016 EX-99.(C)(5)

Project Warriors Materials for Discussion DRAFT Preliminary | Subject to Further Review and Evaluation July 27, 2016

Exhibit (c)(5) Project Warriors Materials for Discussion DRAFT Preliminary | Subject to Further Review and Evaluation July 27, 2016 Illustrative Transaction Statistics ($MM, except per share amounts) Note: Current market prices as of July 26, 2016.

September 27, 2016 EX-99.(C)(10)

STRICTLY CONFIDENTIAL Project Napa Presentation to the Special Committee of the Board of Directors Preliminary Financial Analysis May 27, 2016

EX-99.(c)(10) Exhibit (c)(10) STRICTLY CONFIDENTIAL Project Napa Presentation to the Special Committee of the Board of Directors Preliminary Financial Analysis May 27, 2016 Disclaimer This presentation has been prepared by Moelis & Company LLC (“Moelis”) for exclusive use of the Special Committee of the Board of Directors of Orlando Corporation (“Orlando” or the “Company”) in considering the trans

September 27, 2016 EX-99.(C)(15)

STRICTLY CONFIDENTIAL

EX-99.(c)(15) Exhibit (c)(15) STRICTLY CONFIDENTIAL Project Napa Presentation to the Special Committee of the Board of Directors July 25, 2016 Table of Contents I. Overview 3 II. Napa Public Market Perspectives 9 III. Napa Financial Analysis 16 Appendix A. Additional Valuation Detail 31 B. Napa Overview 39 [ 1 ] Disclaimer This presentation has been prepared by Moelis & Company LLC (“Moelis”) for

September 27, 2016 EX-99.(C)(2)

Project Warriors Materials for Discussion DRAFT Preliminary | Subject to Further Review and Evaluation June 6, 2016

Exhibit (c)(2) Project Warriors Materials for Discussion DRAFT Preliminary | Subject to Further Review and Evaluation June 6, 2016 Agenda 2 CONFIDENTIAL | DRAFT •Situation Overview •Curry Trading and Financial Summary •Illustrative Preliminary Curry Valuation Analyses •Detail on Potential Partners •Appendix -Additional Detail on Curry -Price and Multiple Evolution of Selected Companies -Additional

September 27, 2016 EX-99.(C)(8)

STRICTLY CONFIDENTIAL

EX-99.(c)(8) Exhibit (c)(8) STRICTLY CONFIDENTIAL Presentation to the Special Committee of the Board of Directors April 19, 2016 The Moelis & Company Team Dedicated to the Special Committee SENIOR SPONSORSHIP M&A SPECIAL COMMITTEE ADVISORYLEGAL / FAIRNESS OPINION JEFF RAICH KEN MOELIS DAN LEEOSAMU WATANABE Founder, Co-President, Founder, Chairman, CEO Managing DirectorGeneral Counsel Head of M&A O

September 27, 2016 EX-99.(C)(13)

STRICTLY CONFIDENTIAL

EX-99.(c)(13) Exhibit (c)(13) STRICTLY CONFIDENTIAL Project Napa [Graphic Appears Here] Update Materials for the Special Committee of the Board of Directors June 30, 2016 Update [Graphic Appears Here] Certain of Napa s operating statistics fall on the higher end of the range of those statistics for companies used in the Selected Public SaaS Companies and the Selected Precedent Transactions, and ma

September 27, 2016 EX-99.(C)(1)

Project Warriors Materials for Discussion DRAFT Preliminary | Subject to Further Review and Evaluation February 22, 2016

Exhibit (c)(1) Project Warriors Materials for Discussion DRAFT Preliminary | Subject to Further Review and Evaluation February 22, 2016 Agenda 2 CONFIDENTIAL | DRAFT •Curry Trading and Financial Summary •Illustrative Preliminary Curry Valuation Analyses •Detail on Potential Partners •Appendices -Additional Detail on Curry -Price and Multiple Evolution of Selected Companies -Additional Financial Information -Illustrative Cost of Capital Calculation Curry Trading and Financial Summary Curry Long-Term Trading Performance December 20, 2007 (Since IPO) to February 19, 2016 NTM Rev Mult.

September 27, 2016 EX-99.(C)11)

STRICTLY CONFIDENTIAL Project Napa Update Materials for the Special Committee of the Board of Directors June 8, 2016

EX-99.(c)(11) Exhibit (c)(11) STRICTLY CONFIDENTIAL Project Napa Update Materials for the Special Committee of the Board of Directors June 8, 2016 Update Selected Public Selected SaaS Precedent Orlando Napa Illustrative Share Price Napa Companies Transactions ¹ Current Proposal Response (6/7/2016) (6/1/2016) (6/6/2016) ($ in millions, except per share data) $84.79 $100.00 $105.00 $110.00 $115.00 $

September 27, 2016 EX-99.(C)(4)

ProjectWarriors Materials for Discussion DRAFT Preliminary | Subject to Further Review and Evaluation July 13, 2016

Exhibit (c)(4) ProjectWarriors Materials for Discussion DRAFT Preliminary | Subject to Further Review and Evaluation July 13, 2016 Illustrative Transaction Statistics ($MM, except per share amounts) Note: Current market prices as of July 13, 2016.

September 27, 2016 SC TO-T/A

N / NetSuite, Inc. / ORACLE CORP - AMENDMENT NO. 3 TO THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO

Amendment No. 3 to Third-Party Tender Offer Statement on Schedule TO UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(D)(1) OR 13(E)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. 3) NETSUITE INC. (Name of Subject Company (Issuer)) NAPA ACQUISITION CORPORATION (Offeror) a subsidiary of OC ACQUISITION LLC (Parent o

September 27, 2016 EX-2.2

TENDER AND SUPPORT AGREEMENT

EX-2.2 Exhibit 2.2 TENDER AND SUPPORT AGREEMENT TENDER AND SUPPORT AGREEMENT, dated as of July 28, 2016 (this “Agreement”), among OC Acquisition LLC, a Delaware limited liability company (“Parent”), Napa Acquisition Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Subsidiary”), and the Person listed as “Stockholder” on the signature page hereto (“Stockholder”).

September 27, 2016 EX-99.(C)(14)

STRICTLY CONFIDENTIAL

EX-99.(c)(14) Exhibit (c)(14) STRICTLY CONFIDENTIAL Project Napa [Graphic Appears Here] Update Materials for the Special Committee of the Board of Directors July 8, 2016 Update [Graphic Appears Here] Certain of Napa s operating statistics fall on the higher end of the range of those statistics for companies used in the Selected Public SaaS Companies and the Selected Precedent Transactions, and may

September 27, 2016 SC 13E3

N / NetSuite, Inc. / NETSUITE INC - SC 13E3

SC 13E3 1 a2229816zsc13e3.htm SC 13E3 QuickLinks - Click here to rapidly navigate through this document UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13E-3 (§240.13e-100) RULE 13e-3 TRANSACTION STATEMENT UNDER SECTION 13(e) OF THE SECURITIES EXCHANGE ACT OF 1934 NetSuite Inc. (Name of Issuer) NetSuite Inc. (Name of Person(s) Filing Statement) Common Stock, par va

September 27, 2016 EX-99.(C)(3)

Project Warriors Update Materials DRAFT Preliminary | Subject to Further Review and Evaluation June 10, 2016

Exhibit (c)(3) Project Warriors Update Materials DRAFT Preliminary | Subject to Further Review and Evaluation June 10, 2016 Illustrative Transaction Statistics ($MM, except per share amounts) Note: Current market prices as of June 10, 2016.

September 27, 2016 SC 13D/A

N / NetSuite, Inc. / ORACLE CORP - AMENDMENT NO. 1 ON SCHEDULE 13D Activist Investment

Amendment No. 1 on Schedule 13D UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 1) NetSuite Inc. (Name of Issuer) Common Stock, par value $0.01 (Title of Class of Securities) 64118Q107 (CUSIP Number) Copies to: Brian S. Higgins Vice President and Associate General Counsel Oracle Corporation 500 Oracle Par

September 27, 2016 CORRESP

N / NetSuite, Inc. / ORACLE CORP

Comment Response Letter to the SEC VIA EDGAR 200 Crescent Court, Suite 300 Dallas, TX 75201-6950 +1 214 746 7700 tel +1 214 746 7777 fax September 27, 2016 James R.

September 27, 2016 EX-99.(C)(9)

STRICTLY CONFIDENTIAL

EX-99.(c)(9) Exhibit (c)(9) STRICTLY CONFIDENTIAL Project Napa Presentation to the Special Committee of the Board of Directors Overview of Cloud ERP Opportunity – Strategic Rationale for Napa Transaction May 20, 2016 Disclaimer This presentation has been prepared by Moelis & Company LLC (“Moelis”) for exclusive use of the Special Committee of the Board of Directors of Orlando Corporation (“Orlando

September 27, 2016 SC 14D9/A

NetSuite SC 14D9/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 Amendment No. 5 NetSuite Inc. (Name of Subject Company) NetSuite Inc. (Name of Person(s) Filing Statement) Common Stock, par value $0.01 per share (Title of Class of Securities) 64118Q107 (CUSIP Num

September 27, 2016 EX-99.(C)(7)

1999 AVENUE OF THE STARS

EX-99.(c)(7) Exhibit (c)(7) 1999 AVENUE OF THE STARS 19th FLOOR LOS ANGELES, CALIFORNIA 90067 T 310.443.2300 F 310.443.8700 July 28, 2016 Special Committee of the Board of Directors c/o Oracle Corporation 500 Oracle Parkway Redwood City, CA 94065 The Special Committee of the Board of Directors: You have requested our opinion as to the fairness, from a financial point of view, to Oracle Corporation

September 27, 2016 EX-99.(C)(12)

STRICTLY CONFIDENTIAL

EX-99.(c)(12) Exhibit (c)(12) STRICTLY CONFIDENTIAL Project Napa [Graphic Appears Here] Update Materials for the Special Committee of the Board of Directors June 14, 2016 Update [Graphic Appears Here] Certain of Napa s operating statistics fall on the higher end of the range of those statistics for companies used in the Selected Public SaaS Companies and the Selected Precedent Transactions, and ma

September 27, 2016 EX-99.(A)(5)(E)

# # #

EX-99.(a)(5)(e) Exhibit (a)(5)(E) Press Release Oracle Receives Department of Justice Clearance to Buy NetSuite Redwood Shores, CALIF, September 26, 2016 – Oracle (NYSE: ORCL) today announced that it has received the final antitrust clearance approval necessary for the acquisition of NetSuite, Inc. (NYSE: N) from the U.S. Department of Justice. The all-cash tender offer for NetSuite at $109.00 per

September 20, 2016 SC 14D9/A

NetSuite SC 14D9/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 Amendment No. 4 NetSuite Inc. (Name of Subject Company) NetSuite Inc. (Name of Person(s) Filing Statement) Common Stock, par value $0.01 per share (Title of Class of Securities) 64118Q107 (CUSIP Num

September 20, 2016 CORRESP

NetSuite ESP

650 Page Mill Road Palo Alto, CA 94304-1050 PHONE 650.493.9300 FAX 650.493.6811 www.wsgr.com DOUGLAS K. SCHNELL Internet: [email protected] Direct Dial: (650) 849-3275 September 20, 2016 BY EDGAR Nicholas P. Panos, Esq., Senior Special Counsel Office of Mergers and Acquisitions Division of Corporation Finance Securities and Exchange Commission 100 F Street, N.E. Washington, D.C. 20549 Re: NetSuite

September 20, 2016 CORRESP

NetSuite ESP

NetSuite Inc. 2955 Campus Drive, Suite 100 San Mateo, CA 94403 September 20, 2016 BY EDGAR Office of Mergers & Acquisitions Division of Corporation Finance Securities and Exchange Commission 100 F Street NE Washington, DC 20549 Attn: Nicholas P. Panos, Esq. Jennifer L?pez, Esq. Re: NetSuite Inc. Schedule 14D-9 Filed on August 18, 2016 SEC File No. 005-83718 Ladies and Gentlemen: In response to you

September 15, 2016 SC 14D9/A

NetSuite SC 14D9/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 Amendment No. 3 NetSuite Inc. (Name of Subject Company) NetSuite Inc. (Name of Person(s) Filing Statement) Common Stock, par value $0.01 per share (Title of Class of Securities) 64118Q107 (CUSIP Num

September 15, 2016 SC TO-T/A

NetSuite AMENDMENT NO. 2 TO THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO

AMENDMENT NO. 2 TO THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(D)(1) OR 13(E)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. 2) NETSUITE INC. (Name of Subject Company (Issuer)) NAPA ACQUISITION CORPORATION (Offeror) a subsidiary of OC ACQUISITION LLC (Parent o

September 12, 2016 SC 13G/A

N / NetSuite, Inc. / BROWN ADVISORY INC - BROWN ADVISORY INCORPORATED Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 1)* NetSuite, Inc. (Name of Issuer) (Title of Class of Securities) 64118Q107 (CUSIP Number) August 31, 2016 (Date of Event which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this Schedule is filed: [X]

September 9, 2016 SC 14D9/A

NetSuite SC 14D9/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 Amendment No. 2 NetSuite Inc. (Name of Subject Company) NetSuite Inc. (Name of Person(s) Filing Statement) Common Stock, par value $0.01 per share (Title of Class of Securities) 64118Q107 (CUSIP Num

September 9, 2016 EX-99.(A)(5)(C)

Expiration Date of Tender Offer for NetSuite Inc. Shares Extended to October 6, 2016

EX-(A)(5)(C) Exhibit(a)(5)(C) Press Release Expiration Date of Tender Offer for NetSuite Inc.

September 9, 2016 SC TO-T/A

NetSuite AMENDMENT NO. 1 TO THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO

AMENDMENT NO. 1 to THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(D)(1) OR 13(E)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. 1) NETSUITE INC. (Name of Subject Company (Issuer)) NAPA ACQUISITION CORPORATION (Offeror) a subsidiary of OC ACQUISITION LLC (Parent o

September 9, 2016 EX-99.(A)(5)(D)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

EX-(A)(5)(D) Exhibit (A)(5)(D) LEVI & KORSINSKY LLP Adam C. McCall (SBN 302130) 445 South Figueroa Street, 31st Floor Los Angeles, CA 90071 Tel: (213) 985-7290 Fax: (202) 333-2121 Email: [email protected] Attorney for Plaintiff Palkon [Additional Counsel on Signature Page] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DENNIS PALKON, On Behalf of Himself and ) Case No. A

September 7, 2016 SC 14D9/A

NetSuite SC 14D9/A

QuickLinks - Click here to rapidly navigate through this document UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

September 7, 2016 EX-99.1

[Letterhead of T. Rowe Price Associates, Inc.]

EX-99.1 2 a16-180311ex99d1.htm EX-99.1 Exhibit 99.1 [Letterhead of T. Rowe Price Associates, Inc.] September 6, 2016 Board of Directors c/o Steven J. Gomo, Director NetSuite, Inc. 2955 Campus Drive, Ste 100 San Mateo CA 94403 To the independent members of the board of NetSuite, Inc.: As you know from our regulatory filings, the advisory clients of T. Rowe Price Associates, Inc. are the largest una

September 7, 2016 8-K

Financial Statements and Exhibits, Other Events

8-K 1 a16-1803118k.htm 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of report (Date of earliest event reported): September 6, 2016 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorpo

August 29, 2016 S-8

NetSuite S-8

As filed with the Securities and Exchange Commission on August 29, 2016 Registration No.

August 29, 2016 EX-4.1

NETSUITE INC. 2016 EQUITY INCENTIVE PLAN

EX-4.1 2 a16-169451ex4d1.htm EX-4.1 Exhibit 4.1 NETSUITE INC. 2016 EQUITY INCENTIVE PLAN 1. Purposes of the Plan. The purposes of this Plan are: · to attract and retain the best available personnel for positions of substantial responsibility, · to provide additional incentive to Employees, Directors and Consultants, and · to promote the success of the Company’s business. The Plan permits the grant

August 18, 2016 SC 14D9

NetSuite SC 14D9

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

August 18, 2016 EX-99.(E)(18)

NetSuite Inc.

Exhibit (e)(18) NetSuite Inc. [Date] Dear [Name]: As you know, NetSuite Inc. (the ?Company?) is considering entering into that certain Agreement and Plan of Merger, by and between the Company, OC Acquisition LLC, a Delaware limited liability company (?Parent?), Napa Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent, and Oracle Corporation (the ?Merger Agreemen

August 18, 2016 EX-99.(E)(18)

NetSuite Inc.

Exhibit (e)(18) NetSuite Inc. [Date] Dear [Name]: As you know, NetSuite Inc. (the ?Company?) is considering entering into that certain Agreement and Plan of Merger, by and between the Company, OC Acquisition LLC, a Delaware limited liability company (?Parent?), Napa Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent, and Oracle Corporation (the ?Merger Agreemen

August 18, 2016 EX-99.(E)(2)

2

EX-99.(E)(2) 2 a2229460zex-99e2.htm >EX-99.(E)(2) Exhibit (e)(2) AMENDED AND RESTATED CONFIDENTIAL DISCLOSURE AGREEMENT FOR STRATEGIC MATTERS This Amended and Restated Confidential Disclosure Agreement (“Agreement”) is entered into as of the latter of the parties’ signature dates below and effective as of May 5, 2016 (“Effective Date”) by Oracle Corporation (“Oracle”) located at 500 Oracle Parkway

August 18, 2016 EX-99.(E)(5)

TENDER AND SUPPORT AGREEMENT NETSUITE RESTRICTED HOLDINGS LLC

Exhibit (e)(5) EXECUTION VERSION TENDER AND SUPPORT AGREEMENT NETSUITE RESTRICTED HOLDINGS LLC TENDER AND SUPPORT AGREEMENT, dated as of July 28, 2016 (this ?Agreement?), among OC Acquisition LLC, a Delaware limited liability company (?Parent?), Napa Acquisition Corporation, a Delaware corporation (?Merger Subsidiary?), and NetSuite Restricted Holdings LLC, a California limited liability company (?Stockholder?).

August 18, 2016 EX-99.(E)(4)

FORM OF TENDER AND SUPPORT AGREEMENT

Exhibit (e)(4) FORM OF TENDER AND SUPPORT AGREEMENT TENDER AND SUPPORT AGREEMENT, dated as of [Date] (this ?Agreement?), among OC Acquisition LLC, a Delaware limited liability company (?Parent?), Napa Acquisition Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (?Merger Subsidiary?), and the Person listed as ?Stockholder? on the signature page hereto (?Stockholder?).

August 18, 2016 EX-99.(E)(5)

TENDER AND SUPPORT AGREEMENT NETSUITE RESTRICTED HOLDINGS LLC

Exhibit (e)(5) EXECUTION VERSION TENDER AND SUPPORT AGREEMENT NETSUITE RESTRICTED HOLDINGS LLC TENDER AND SUPPORT AGREEMENT, dated as of July 28, 2016 (this ?Agreement?), among OC Acquisition LLC, a Delaware limited liability company (?Parent?), Napa Acquisition Corporation, a Delaware corporation (?Merger Subsidiary?), and NetSuite Restricted Holdings LLC, a California limited liability company (?Stockholder?).

August 18, 2016 EX-99.(E)(3)

* * *

Exhibit (e)(3) CONFIDENTIAL July 15, 2016 Steve Gomo Chair, Transactions Committee of the Board of Directors of NetSuite Inc.

August 18, 2016 EX-99.(E)(2)

2

EX-99.(E)(2) 2 a2229460zex-99e2.htm >EX-99.(E)(2) Exhibit (e)(2) AMENDED AND RESTATED CONFIDENTIAL DISCLOSURE AGREEMENT FOR STRATEGIC MATTERS This Amended and Restated Confidential Disclosure Agreement (“Agreement”) is entered into as of the latter of the parties’ signature dates below and effective as of May 5, 2016 (“Effective Date”) by Oracle Corporation (“Oracle”) located at 500 Oracle Parkway

August 18, 2016 EX-99.(E)(3)

* * *

Exhibit (e)(3) CONFIDENTIAL July 15, 2016 Steve Gomo Chair, Transactions Committee of the Board of Directors of NetSuite Inc.

August 18, 2016 SC 14D9

NetSuite SC 14D9

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

August 18, 2016 EX-99.(E)(4)

FORM OF TENDER AND SUPPORT AGREEMENT

Exhibit (e)(4) FORM OF TENDER AND SUPPORT AGREEMENT TENDER AND SUPPORT AGREEMENT, dated as of [Date] (this ?Agreement?), among OC Acquisition LLC, a Delaware limited liability company (?Parent?), Napa Acquisition Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (?Merger Subsidiary?), and the Person listed as ?Stockholder? on the signature page hereto (?Stockholder?).

August 18, 2016 EX-99.(A)(1)(F)

Notice of Offer to Purchase All Outstanding Shares of Common Stock NETSUITE INC. at $109.00 Per Share, Net in Cash NAPA ACQUISITION CORPORATION a subsidiary OC ACQUISITION LLC a subsidiary ORACLE CORPORATION

EX-99.(A)(1)(F) 7 d340996dex99a1f.htm EX-(A)(1)(F) Exhibit (a)(1)(F) This announcement is neither an offer to purchase nor a solicitation of an offer to sell Shares (as defined below). The Offer (as defined below) is made only by the Offer to Purchase, dated August 18, 2016, and the related Letter of Transmittal and any amendments or supplements thereto, and is being made to all holders of Shares.

August 18, 2016 EX-99.(A)(1)(C)

NOTICE OF GUARANTEED DELIVERY To Tender Shares of Common Stock NETSUITE INC. $109.00 PER SHARE, NET IN CASH Pursuant to the Offer to Purchase dated August 18, 2016 NAPA ACQUISITION CORPORATION a subsidiary OC ACQUISITION LLC a subsidiary ORACLE CORPO

EX-99.(A)(1)(C) 4 d340996dex99a1c.htm EX-(A)(1)(C) Exhibit (a)(1)(C) NOTICE OF GUARANTEED DELIVERY To Tender Shares of Common Stock of NETSUITE INC. at $109.00 PER SHARE, NET IN CASH Pursuant to the Offer to Purchase dated August 18, 2016 by NAPA ACQUISITION CORPORATION a subsidiary of OC ACQUISITION LLC a subsidiary of ORACLE CORPORATION THE OFFER AND WITHDRAWAL RIGHTS WILL EXPIRE AT 12:00 MIDNIG

August 18, 2016 EX-99.(A)(1)(A)

Offer To Purchase All Outstanding Shares of Common Stock NETSUITE INC. $109.00 Per Share, Net in Cash NAPA ACQUISITION CORPORATION a subsidiary of OC ACQUISITION LLC a subsidiary of ORACLE CORPORATION

EX-(a)(1)(A) Table of Contents Exhibit (a)(1)(A) Offer To Purchase All Outstanding Shares of Common Stock of NETSUITE INC.

August 18, 2016 EX-99.(A)(1)(B)

LETTER OF TRANSMITTAL To Tender Shares of Common Stock NETSUITE INC. $109.00 Per Share, Net in Cash Pursuant to the Offer to Purchase dated August 18, 2016 NAPA ACQUISITION CORPORATION a subsidiary OC ACQUISITION LLC a subsidiary ORACLE CORPORATION

EX-(a)(1)(B) Exhibit (a)(1)(B) LETTER OF TRANSMITTAL To Tender Shares of Common Stock of NETSUITE INC.

August 18, 2016 EX-99.(A)(1)(A)

Offer To Purchase All Outstanding Shares of Common Stock NETSUITE INC. $109.00 Per Share, Net in Cash NAPA ACQUISITION CORPORATION a subsidiary of OC ACQUISITION LLC a subsidiary of ORACLE CORPORATION

EX-(a)(1)(A) Table of Contents Exhibit (a)(1)(A) Offer To Purchase All Outstanding Shares of Common Stock of NETSUITE INC.

August 18, 2016 EX-99.(A)(1)(E)

Offer to Purchase All Outstanding Shares of Common Stock NETSUITE INC. $109.00 PER SHARE, NET IN CASH Pursuant to the Offer to Purchase dated August 18, 2016 NAPA ACQUISITION CORPORATION a subsidiary OC ACQUISITION LLC a subsidiary ORACLE CORPORATION

EX-99.(A)(1)(E) 6 d340996dex99a1e.htm EX-(A)(1)(E) Exhibit (a)(1)(E) Offer to Purchase All Outstanding Shares of Common Stock of NETSUITE INC. at $109.00 PER SHARE, NET IN CASH Pursuant to the Offer to Purchase dated August 18, 2016 by NAPA ACQUISITION CORPORATION a subsidiary of OC ACQUISITION LLC a subsidiary of ORACLE CORPORATION THE OFFER AND WITHDRAWAL RIGHTS WILL EXPIRE AT 12:00 MIDNIGHT, EA

August 18, 2016 EX-99.(A)(1)(F)

Notice of Offer to Purchase All Outstanding Shares of Common Stock NETSUITE INC. at $109.00 Per Share, Net in Cash NAPA ACQUISITION CORPORATION a subsidiary OC ACQUISITION LLC a subsidiary ORACLE CORPORATION

EX-99.(A)(1)(F) 7 d340996dex99a1f.htm EX-(A)(1)(F) Exhibit (a)(1)(F) This announcement is neither an offer to purchase nor a solicitation of an offer to sell Shares (as defined below). The Offer (as defined below) is made only by the Offer to Purchase, dated August 18, 2016, and the related Letter of Transmittal and any amendments or supplements thereto, and is being made to all holders of Shares.

August 18, 2016 EX-99.(A)(1)(D)

Offer to Purchase All Outstanding Shares of Common Stock NETSUITE INC. $109.00 PER SHARE, Net in Cash Pursuant to the Offer to Purchase dated August 18, 2016 NAPA ACQUISITION CORPORATION a subsidiary OC ACQUISITION LLC a subsidiary ORACLE CORPORATION

EX-(a)(1)(D) Exhibit (a)(1)(D) Offer to Purchase All Outstanding Shares of Common Stock of NETSUITE INC.

August 18, 2016 EX-99.(A)(1)(C)

NOTICE OF GUARANTEED DELIVERY To Tender Shares of Common Stock NETSUITE INC. $109.00 PER SHARE, NET IN CASH Pursuant to the Offer to Purchase dated August 18, 2016 NAPA ACQUISITION CORPORATION a subsidiary OC ACQUISITION LLC a subsidiary ORACLE CORPO

EX-99.(A)(1)(C) 4 d340996dex99a1c.htm EX-(A)(1)(C) Exhibit (a)(1)(C) NOTICE OF GUARANTEED DELIVERY To Tender Shares of Common Stock of NETSUITE INC. at $109.00 PER SHARE, NET IN CASH Pursuant to the Offer to Purchase dated August 18, 2016 by NAPA ACQUISITION CORPORATION a subsidiary of OC ACQUISITION LLC a subsidiary of ORACLE CORPORATION THE OFFER AND WITHDRAWAL RIGHTS WILL EXPIRE AT 12:00 MIDNIG

August 18, 2016 SC TO-T

NetSuite THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(D)(1) OR 13(E)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 NETSUITE INC. (Name of Subject Company (Issuer)) NAPA ACQUISITION CORPORATION (Offeror) a subsidiary of OC ACQUISITION LLC (Parent of Offeror) a subsidiary of ORACLE CORPORATION (Parent of Offeror) (Names of Filing Pers

August 18, 2016 SC TO-T

NetSuite THIRD-PARTY TENDER OFFER STATEMENT ON SCHEDULE TO

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(D)(1) OR 13(E)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 NETSUITE INC. (Name of Subject Company (Issuer)) NAPA ACQUISITION CORPORATION (Offeror) a subsidiary of OC ACQUISITION LLC (Parent of Offeror) a subsidiary of ORACLE CORPORATION (Parent of Offeror) (Names of Filing Pers

August 18, 2016 EX-99.(A)(1)(B)

LETTER OF TRANSMITTAL To Tender Shares of Common Stock NETSUITE INC. $109.00 Per Share, Net in Cash Pursuant to the Offer to Purchase dated August 18, 2016 NAPA ACQUISITION CORPORATION a subsidiary OC ACQUISITION LLC a subsidiary ORACLE CORPORATION

EX-(a)(1)(B) Exhibit (a)(1)(B) LETTER OF TRANSMITTAL To Tender Shares of Common Stock of NETSUITE INC.

August 18, 2016 EX-99.(A)(1)(D)

Offer to Purchase All Outstanding Shares of Common Stock NETSUITE INC. $109.00 PER SHARE, Net in Cash Pursuant to the Offer to Purchase dated August 18, 2016 NAPA ACQUISITION CORPORATION a subsidiary OC ACQUISITION LLC a subsidiary ORACLE CORPORATION

EX-(a)(1)(D) Exhibit (a)(1)(D) Offer to Purchase All Outstanding Shares of Common Stock of NETSUITE INC.

August 18, 2016 EX-99.(A)(1)(E)

Offer to Purchase All Outstanding Shares of Common Stock NETSUITE INC. $109.00 PER SHARE, NET IN CASH Pursuant to the Offer to Purchase dated August 18, 2016 NAPA ACQUISITION CORPORATION a subsidiary OC ACQUISITION LLC a subsidiary ORACLE CORPORATION

EX-99.(A)(1)(E) 6 d340996dex99a1e.htm EX-(A)(1)(E) Exhibit (a)(1)(E) Offer to Purchase All Outstanding Shares of Common Stock of NETSUITE INC. at $109.00 PER SHARE, NET IN CASH Pursuant to the Offer to Purchase dated August 18, 2016 by NAPA ACQUISITION CORPORATION a subsidiary of OC ACQUISITION LLC a subsidiary of ORACLE CORPORATION THE OFFER AND WITHDRAWAL RIGHTS WILL EXPIRE AT 12:00 MIDNIGHT, EA

August 12, 2016 EX-2.2

TENDER AND SUPPORT AGREEMENT

EX-2.2 2 d229883dex22.htm EX-2.2 Exhibit 2.2 EXECUTION VERSION TENDER AND SUPPORT AGREEMENT TENDER AND SUPPORT AGREEMENT, dated as of July 28, 2016 (this “Agreement”), among OC Acquisition LLC, a Delaware limited liability company (“Parent”), Napa Acquisition Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Subsidiary”), and the Person listed as “Stockholder” on

August 12, 2016 EX-2.2

TENDER AND SUPPORT AGREEMENT

EX-2.2 2 d229883dex22.htm EX-2.2 Exhibit 2.2 EXECUTION VERSION TENDER AND SUPPORT AGREEMENT TENDER AND SUPPORT AGREEMENT, dated as of July 28, 2016 (this “Agreement”), among OC Acquisition LLC, a Delaware limited liability company (“Parent”), Napa Acquisition Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Subsidiary”), and the Person listed as “Stockholder” on

August 12, 2016 SC 13D

N / NetSuite, Inc. / ORACLE CORP - SC 13D Activist Investment

SC 13D UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 NetSuite Inc. (Name of Issuer) Common Stock, par value $0.01 (Title of Class of Securities) 64118Q107 (CUSIP Number) Copies to: Brian S. Higgins Vice President and Associate General Counsel Oracle Corporation 500 Oracle Parkway Redwood City, California 94065 Telepho

August 12, 2016 EX-99.1

Joint Filing Agreement

EX-99.1 3 d229883dex991.htm EX-99.1 Exhibit 99.1 Joint Filing Agreement In accordance with Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended, the persons named below agree to the joint filing on behalf of each of them of a statement on Schedule 13D (including amendments thereto) with respect to the common stock, par value $0.01 per share, of NetSuite Inc., a Delaware corporati

August 12, 2016 EX-99.1

Joint Filing Agreement

EX-99.1 3 d229883dex991.htm EX-99.1 Exhibit 99.1 Joint Filing Agreement In accordance with Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended, the persons named below agree to the joint filing on behalf of each of them of a statement on Schedule 13D (including amendments thereto) with respect to the common stock, par value $0.01 per share, of NetSuite Inc., a Delaware corporati

August 11, 2016 SC14D9C

NetSuite SC14D9C

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 NetSuite Inc. (Name of Subject Company) NetSuite Inc. (Name of Person(s) Filing Statement) Common Stock, par value $0.01 per share (Title of Class of Securities) 64118Q107 (CUSIP Number of Class of

August 2, 2016 10-Q

NetSuite 10-Q (Quarterly Report)

Document Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

August 1, 2016 SC14D9C

NetSuite SC14D9C

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 NetSuite Inc. (Name of Subject Company) NetSuite Inc. (Name of Person(s) Filing Statement) Common Stock, par value $0.01 per share (Title of Class of Securities) 64118Q107 (CUSIP Number of Class of

August 1, 2016 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Entry into a Material Definitive Agreement, Financial Statements and Exhibits, Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of report (Date of earliest event reported): July 28, 2016 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation) (Commission File Number

August 1, 2016 EX-2.1

AGREEMENT AND PLAN OF MERGER dated as of July 28, 2016 NETSUITE INC., OC ACQUISITION LLC, NAPA ACQUISITION CORPORATION ORACLE CORPORATION

EX-2.1 2 a16-157051ex2d1.htm EX-2.1 Exhibit 2.1 CONFIDENTIAL EXECUTION VERSION AGREEMENT AND PLAN OF MERGER dated as of July 28, 2016 among NETSUITE INC., OC ACQUISITION LLC, NAPA ACQUISITION CORPORATION and ORACLE CORPORATION TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS 2 Section 1.01. Definitions 2 Section 1.02. Other Definitional and Interpretative Provisions 12 ARTICLE 2 THE OFFER 12 Section 2

August 1, 2016 EX-99.1

Oracle Buys NetSuite

Exhibit 99.1 Oracle Buys NetSuite Redwood Shores and San Mateo, CA - July 28, 2016 ? Oracle (NYSE: ORCL) today announced that it has entered into a definitive agreement to acquire NetSuite (NYSE: N), the very first cloud company. The transaction is valued at $109.00 per share in cash, or approximately $9.3 billion. ?Oracle and NetSuite cloud applications are complementary, and will coexist in the

August 1, 2016 EX-99.1

AGREEMENT AND PLAN OF MERGER dated as of July 28, 2016 NETSUITE INC., OC ACQUISITION LLC, NAPA ACQUISITION CORPORATION ORACLE CORPORATION

EX-99.1 Table of Contents Exhibit 99.1 CONFIDENTIAL EXECUTION VERSION AGREEMENT AND PLAN OF MERGER dated as of July 28, 2016 among NETSUITE INC., OC ACQUISITION LLC, NAPA ACQUISITION CORPORATION and ORACLE CORPORATION Table of Contents CONFIDENTIAL TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS 2 Section 1.01. Definitions 2 Section 1.02. Other Definitional and Interpretative Provisions 12 ARTICLE 2

August 1, 2016 SC TO-C

NetSuite FORM 8-K

Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 28, 2016 Oracle Corporation (Exact name of registrant as specified in charter) Delaware 001-35992 54-2185193 (State or other jurisdiction of incorporation) (Commission F

August 1, 2016 EX-99.2

Oracle Buys NetSuite

EX-99.2 3 d180474dex992.htm EX-99.2 Exhibit 99.2 Oracle Buys NetSuite Redwood Shores, CA - July 28, 2016 – Oracle (NYSE: ORCL) today announced that it has entered into a definitive agreement to acquire NetSuite (NYSE: N), the very first cloud company. The transaction is valued at $109.00 per share in cash, or approximately $9.3 billion. “Oracle and NetSuite cloud applications are complementary, an

July 29, 2016 SC TO-C

NetSuite SC TO-C

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO Tender Offer Statement under Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 NetSuite Inc. (Name of Subject Company (Issuer)) Napa Acquisition Corporation a wholly owned subsidiary of OC Acquisition LLC a wholly owned subsidiary of Oracle Corporation (Names of Filing Persons (Offerors)) Common S

July 29, 2016 EX-99.1

Oracle Buys NetSuite

EX-99.1 2 d220233dex991.htm EX-99.1 Exhibit 99.1 Oracle Buys NetSuite Redwood Shores, CA - July 28, 2016 – Oracle (NYSE: ORCL) today announced that it has entered into a definitive agreement to acquire NetSuite (NYSE: N), the very first cloud company. The transaction is valued at $109.00 per share in cash, or approximately $9.3 billion. “Oracle and NetSuite cloud applications are complementary, an

July 29, 2016 EX-99.2

Copyright © 2016, Oracle and/or its affiliates. All rights reserved. Oracle is a registered trademark of Oracle Corporation and/or its affiliates. Other names may be trademarks of their respective owners.

EX-99.2 3 d220233dex992.htm EX-99.2 Exhibit 99.2 Overview and Frequently Asked Questions Oracle Buys NetSuite On July 28, 2016, Oracle announced that it has entered into a definitive agreement to acquire NetSuite, the very first cloud company. The proposed transaction is expected to close in 2016. Until the transaction closes, Oracle and NetSuite will continue to operate independently. In 1998, Ne

July 29, 2016 EX-99.1

Dear <first name>,

EX-99.1 2 a16-157042ex99d1.htm EX-99.1 Exhibit 99.1 Dear , From the moment in 1998 when we created the first cloud company, our vision was to build a next-generation software application designed to run a modern business. Today, we have exciting news that continues the great success we have had helping our customers transform their business operations. Oracle has announced an agreement to acquire

July 29, 2016 SC14D9C

NetSuite SC14D9C

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 NetSuite Inc. (Name of Subject Company) NetSuite Inc. (Name of Person(s) Filing Statement) Common Stock, par value $0.01 per share (Title of Class of Securities) 64118Q107 (CUSIP Number of Class of

July 29, 2016 EX-99.2

Oracle Buys NetSuite Frequently Asked Questions by Employees

EX-99.2 3 a16-157042ex99d2.htm EX-99.2 Exhibit 99.2 Oracle Buys NetSuite Frequently Asked Questions by Employees On July 28, 2016, Oracle announced that it had entered into an agreement to acquire NetSuite. The purpose of this FAQ document is to inform you of the acquisition-related activities and how they may impact you. At the closing of the transaction, Oracle will provide NetSuite employees wi

July 28, 2016 SC14D9C

NetSuite SC14D9C

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) Solicitation/Recommendation Statement Under Section 14(d)(4) of the Securities Exchange Act of 1934 NetSuite Inc. (Name of Subject Company) NetSuite Inc. (Name of Person(s) Filing Statement) Common Stock, par value $0.01 per share (Title of Class of Securities) 64118Q107 (CUSIP Number of Class of

July 28, 2016 EX-99.1

Oracle Buys NetSuite

Exhibit 99.1 Oracle Buys NetSuite Redwood Shores and San Mateo, CA - July 28, 2016 — Oracle (NYSE: ORCL) today announced that it has entered into a definitive agreement to acquire NetSuite (NYSE: N), the very first cloud company. The transaction is valued at $109.00 per share in cash, or approximately $9.3 billion. “Oracle and NetSuite cloud applications are complementary, and will coexist in the

July 28, 2016 EX-99.2

Overview and Frequently Asked Questions

EX-99.2 3 a16-157041ex99d2.htm EX-99.2 Exhibit 99.2 Overview and Frequently Asked Questions Oracle Buys NetSuite On July 28, 2016, Oracle announced that it has entered into a definitive agreement to acquire NetSuite, the very first cloud company. The proposed transaction is expected to close in 2016. Until the transaction closes, Oracle and NetSuite will continue to operate independently. In 1998,

July 28, 2016 EX-99.1

NETSUITE ANNOUNCES SECOND QUARTER 2016 FINANCIAL RESULTS Ÿ Q2 Revenue of $230.8 Million, a 30% Year-over-Year Increase Ÿ Q2 Operating Cash Flows of $36.7 Million, a 53% Year-over-Year Increase

Exhibit Exhibit 99.1 Investor Relations Contact: Media Contact: Jennifer Gianola Mei Li NetSuite Inc. NetSuite Inc. 650.627.1131 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES SECOND QUARTER 2016 FINANCIAL RESULTS ? Q2 Revenue of $230.8 Million, a 30% Year-over-Year Increase ? Q2 Operating Cash Flows of $36.7 Million, a 53% Year-over-Year Increase SAN MATEO, Calif. - July

July 28, 2016 8-K

Results of Operations and Financial Condition

8-K 1 a63020168k.htm 8-K - Q2 2016 EARNINGS RELEASE UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 28, 2016 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other ju

June 27, 2016 8-K

Current Report

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 21, 2016 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Commis

May 3, 2016 10-Q

Netsuite 10-Q FOR THE QUARTER ENDED MARCH 31, 2016 (Quarterly Report)

10-Q Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

April 29, 2016 DEF 14A

NetSuite DEF 14A

Use these links to rapidly review the document TABLE OF CONTENTS PROXY STATEMENT FOR 2016 ANNUAL MEETING OF STOCKHOLDERS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

April 28, 2016 8-K

Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 28, 2016 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Commi

April 28, 2016 EX-99.1

NETSUITE ANNOUNCES FIRST QUARTER 2016 FINANCIAL RESULTS Ÿ Record Q1 Revenue of $216.6 Million, a 31% Year-over-Year Increase Ÿ Record Q1 Operating Cash Flows of $31.3 Million, a 12% Year-over-Year Increase

EX-99.1 2 a3312016ex991.htm EXHIBIT 99.1 - MARCH 31, 2016 EARNINGS RELEASE Exhibit 99.1 Investor Relations Contact: Media Contact: Jennifer Gianola Mei Li NetSuite Inc. NetSuite Inc. 650.627.1131 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES FIRST QUARTER 2016 FINANCIAL RESULTS Ÿ Record Q1 Revenue of $216.6 Million, a 31% Year-over-Year Increase Ÿ Record Q1 Operating Cas

April 11, 2016 SC 13G

N / NetSuite, Inc. / BROWN ADVISORY INC - BROWN ADVISORY INCORPORATED Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 NetSuite, Inc. (Name of Issuer) (Title of Class of Securities) 64118Q107 (CUSIP Number) March 31, 2016 (Date of Event which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this Schedule is filed: [X] Rule 13d-1(b) [ ] Ru

March 24, 2016 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

8-K 1 a16-715818k.htm 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 21, 2016 NETSUITE INC. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporati

March 24, 2016 EX-10.2

NETSUITE INC. SEVERANCE AND CHANGE OF CONTROL AGREEMENT

Exhibit 10.2 NETSUITE INC. SEVERANCE AND CHANGE OF CONTROL AGREEMENT This Severance and Change of Control Agreement (the ?Agreement?) is made and entered into by and between Michael Forman (?Executive?) and NetSuite Inc., a Delaware corporation (the ?Company?), effective as of March 21, 2016 (the ?Effective Date?). RECITALS 1. It is possible that the Company could terminate Executive?s employment

March 11, 2016 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 7, 2016 NETSUITE INC. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation) (Commission File Number

February 24, 2016 10-K

Netsuite DECEMBER 31, 2015 FORM 10-K (Annual Report)

10-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark one) x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2015 ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file number 001-33870 NetSuite In

February 24, 2016 EX-21.1

SUBSIDIARIES OF THE REGISTRANT

Exhibit 21.1 SUBSIDIARIES OF THE REGISTRANT Subsidiary name Jurisdiction of incorporation / formation LightCMS LLC Oklahoma Monexa LLC Delaware NetSuite Australia Pty. Ltd. Australia NetSuite Canada Inc. Canada NetSuite Canada Development, Inc. Canada NetSuite Czech Republic s.r.o Czech Republic NetSuite Hong Kong Limited Hong Kong NetSuite K.K. Japan NetSuite Netherlands B.V. Netherlands NetSuite

February 10, 2016 SC 13G/A

NetSuite N AS OF 12/31/2015 (Passive Acquisition of More Than 5% of Shares)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 3) NETSUITE INC (Name of Issuer) COMMON STOCK (Title of Class of Securities) 64118Q107 (CUSIP Number) December 31, 2015 (Date of Event which Requires Filing of Statement) Check the appropriate box to designate the Rule pursuant to which this Schedule is file

January 28, 2016 8-K

Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 28, 2016 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Com

January 28, 2016 EX-99.1

NETSUITE ANNOUNCES FOURTH QUARTER AND FISCAL 2015 FINANCIAL RESULTS Ÿ 31% Year-over-Year Increase in Q4 Revenue of $206.2 Million Ÿ 33% Growth over Prior Year in 2015 Revenue of $741.1 Million Ÿ 34% Growth over Prior Year in 2015 Operating Cash Flow

EX-99.1 2 a12312015ex991.htm EXHIBIT 99.1 - DECEMBER 31, 2015 EARNINGS RELEASE Exhibit 99.1 Investor Relations Contact: Media Contact: Jennifer Gianola Mei Li NetSuite Inc. NetSuite Inc. 650.627.1131 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES FOURTH QUARTER AND FISCAL 2015 FINANCIAL RESULTS Ÿ 31% Year-over-Year Increase in Q4 Revenue of $206.2 Million Ÿ 33% Growth ove

November 2, 2015 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark one) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2015 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file num

October 22, 2015 EX-99.1

NETSUITE ANNOUNCES THIRD QUARTER 2015 FINANCIAL RESULTS Ÿ Record Q3 Revenue of $192.8 Million, a 34% Year-over-Year Increase Ÿ Operating Cash Flow of $27.5 Million, a 69% Year-over-Year Increase

EX-99.1 2 a9302015ex991.htm EXHIBIT 99.1 - SEPTEMBER 30, 2015 EARNINGS RELEASE Exhibit 99.1 Investor Relations Contact: Media Contact: Jennifer Gianola Mei Li NetSuite Inc. NetSuite Inc. 650.627.1131 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES THIRD QUARTER 2015 FINANCIAL RESULTS Ÿ Record Q3 Revenue of $192.8 Million, a 34% Year-over-Year Increase Ÿ Operating Cash Flow

October 22, 2015 8-K

Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 22, 2015 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Com

October 15, 2015 EX-4.1

NETSUITE INC. 2015 EMPLOYEE STOCK PURCHASE PLAN

Exhibit 4.1 NETSUITE INC. 2015 EMPLOYEE STOCK PURCHASE PLAN 1. Purpose. The purpose of the Plan is to provide employees of the Company and its Designated Companies with an opportunity to purchase Common Stock through accumulated Contributions. The Company intends for the Plan to have two components: a Code Section 423 component (the ?423 Component?) and a non-Code Section 423 component (the ?Non-4

October 15, 2015 S-8

NetSuite S-8

S-8 1 a15-197471s8.htm S-8 As filed with the U.S. Securities and Exchange Commission on October 15, 2015 Registration No. 333- UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM S-8 REGISTRATION STATEMENT Under The Securities Act of 1933 NETSUITE INC. (Exact Name of Registrant as Specified in Its Charter) Delaware 94-3310471 (State or other jurisdiction of incorporation o

August 19, 2015 EX-99.4

NetSuite Inc. Unaudited Pro Forma Condensed Combined Financial Information

EX-99.4 5 exhibit994.htm EXHIBIT 99.4 Exhibit 99.4 NetSuite Inc. Unaudited Pro Forma Condensed Combined Financial Information The following unaudited pro forma condensed combined financial information (the “pro forma financial statements”) and related notes present the historical condensed combined financial information of NetSuite Inc. and its subsidiaries (“NetSuite”, “its”, and similar terms un

August 19, 2015 EX-99.3

March 31 2015 2014 Assets $ $ Current assets Cash and cash equivalents 3,059,510 4,465,164 Accounts receivable, net 4,096,776 3,156,529 Deferred commission expense 1,031,683 684,127 Prepaid expenses and other current assets 1,682,552 1,165,399 Deferr

EX-99.3 4 exhibit993.htm EXHIBIT 99.3 Exhibit 99.3 Consolidated Financial Statements Bronto Software, Inc. and Subsidiaries As of March 31, 2015 and 2014 Bronto Software, Inc. and Subsidiaries Table of contents Consolidated financial statements: Balance sheets (unaudited) 3-4 Statements of comprehensive loss (unaudited) 5 Statements of stockholders’ equity (deficit)-(unaudited) 6 Statements of cas

August 19, 2015 8-K/A

Financial Statements and Exhibits

8-K/A 1 form8-kabrontoproforma.htm 8-K/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 8, 2015 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction

August 19, 2015 EX-99.2

Consolidated financial statements: Report of Independent Certified Public Accountants 1-2 Balance sheet 3-4 Statement of comprehensive loss 5 Statement of stockholders’ equity (deficit) 6 Statement of cash flows 7 Notes to consolidated financial stat

EX-99.2 3 exhibit992.htm EXHIBIT 99.2 Exhibit 99.2 Consolidated Financial Statements and Report of Independent Certified Public Accountants Bronto Software, Inc. and Subsidiaries As of December 31, 2014 Bronto Software, Inc. and Subsidiaries Table of contents Consolidated financial statements: Report of Independent Certified Public Accountants 1-2 Balance sheet 3-4 Statement of comprehensive loss

August 5, 2015 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark one) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2015 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file number 0

July 23, 2015 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 23, 2015 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Commis

July 23, 2015 8-K

Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 23, 2015 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Commis

July 23, 2015 EX-99.1

NetSuite Appoints Jim McGeever as President McGeever Also Elected to NetSuite Board of Directors

EX-99.1 2 directororofficer.htm EXHIBIT 99.1 Exhibit 99.1 Contact: Mei Li NetSuite Inc. 650.627.1063 [email protected] NetSuite Appoints Jim McGeever as President McGeever Also Elected to NetSuite Board of Directors SAN MATEO, Calif.— July 23, 2015—NetSuite Inc. (NYSE: N), the industry's leading provider of cloud-based financials / ERP and omnichannel commerce software suites, today announced tha

July 23, 2015 EX-99.1

NETSUITE ANNOUNCES SECOND QUARTER 2015 FINANCIAL RESULTS Ninth Consecutive Quarter of More than 30 Percent Year-over-Year Recurring Revenue Growth Ÿ Record Q2 Revenue of $177.3 Million, a 35% Year-over-Year Increase Ÿ Operating Cash Flow of $23.9 Mil

N 6.30.2015. EX.99.1 Exhibit 99.1 Investor Relations Contact: Media Contact: Jennifer Gianola Mei Li NetSuite Inc. NetSuite Inc. 650.627.1131 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES SECOND QUARTER 2015 FINANCIAL RESULTS Ninth Consecutive Quarter of More than 30 Percent Year-over-Year Recurring Revenue Growth ? Record Q2 Revenue of $177.3 Million, a 35% Year-over-Ye

June 12, 2015 8-K

Current Report

8-K 1 a15-1399418k.htm 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 10, 2015 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporati

June 9, 2015 8-K

NetSuite 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 8, 2015 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Commiss

June 9, 2015 EX-99.1

NETSUITE COMPLETES ACQUISITION OF BRONTO SOFTWARE

Exhibit 99.1 Media Contact: Investor Relations Contact: Mei Li Jennifer Gianola NetSuite Inc. NetSuite Inc. 650.996.0191 650.627.1131 [email protected] [email protected] NETSUITE COMPLETES ACQUISITION OF BRONTO SOFTWARE SAN MATEO, Calif. and DURHAM, NC—June 9, 2015—NetSuite Inc. (NYSE: N), the industry’s leading provider of cloud-based financials / ERP and omnichannel commerce software suites

May 13, 2015 EX-10.1

EIGHTH AMENDMENT

EX-10.1 2 a15-109371ex10d1.htm EX-10.1 Exhibit 10.1 EIGHTH AMENDMENT THIS EIGHTH AMENDMENT (this “Amendment”) is made and entered into as of May 8, 2015, by and between HUDSON PENINSULA OFFICE PARK, LLC, a Delaware limited liability company (“Landlord”), and NETSUITE INC., a Delaware corporation (“Tenant”). RECITALS A. Landlord (as successor to EOP-Peninsula Office Park, L.L.C., a Delaware limited

May 13, 2015 8-K

Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 8, 2015 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation organization) (Commission

May 5, 2015 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark one) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2015 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file number

April 29, 2015 DEF 14A

NetSuite DEF 14A

Use these links to rapidly review the document TABLE OF CONTENTS PROXY STATEMENT FOR 2015 ANNUAL MEETING OF STOCKHOLDERS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

April 23, 2015 EX-99.1

NETSUITE ANNOUNCES FIRST QUARTER 2015 FINANCIAL RESULTS Eighth Consecutive Quarter of More than 30 percent Year-over-Year Recurring Revenue Growth Ÿ Record Q1 Revenue of $164.8 Million, a 34% Year-over-Year Increase Ÿ Record Q1 Operating Cash Flows o

N 3.31.2015. EX.99.1 Exhibit 99.1 Investor Relations Contact: Media Contact: Jennifer Gianola Mei Li NetSuite Inc. NetSuite Inc. 650.627.1131 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES FIRST QUARTER 2015 FINANCIAL RESULTS Eighth Consecutive Quarter of More than 30 percent Year-over-Year Recurring Revenue Growth ? Record Q1 Revenue of $164.8 Million, a 34% Year-over-Ye

April 23, 2015 EX-2.1

AGREEMENT AND PLAN OF MERGER BY AND AMONG NETSUITE INC. BROADWAY MERGER SUB I, INC., BROADWAY MERGER SUB II, LLC, BRONTO SOFTWARE, INC. JOSEPH COLOPY, AS SECURITYHOLDER REPRESENTATIVE Dated as of April 22, 2015 AGREEMENT AND PLAN OF MERGER

EX-2.1 2 d913590dex21.htm EX-2.1 Exhibit 2.1 AGREEMENT AND PLAN OF MERGER BY AND AMONG NETSUITE INC. BROADWAY MERGER SUB I, INC., BROADWAY MERGER SUB II, LLC, BRONTO SOFTWARE, INC. AND JOSEPH COLOPY, AS SECURITYHOLDER REPRESENTATIVE Dated as of April 22, 2015 AGREEMENT AND PLAN OF MERGER This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of April 22, 2015 by and among

April 23, 2015 EX-99.1

NETSUITE SIGNS DEFINITIVE AGREEMENT TO ACQUIRE BRONTO SOFTWARE Combination Brings Together the Leader in Cloud Omnichannel Commerce with the Leader in Commerce Marketing Automation

EX-99.1 3 d913590dex991.htm EX-99.1 Exhibit 99.1 Media Contact: Investor Relations Contact: Mei Li Jennifer Gianola NetSuite Inc. NetSuite Inc. 650.996.0191 650.627.1131 [email protected] [email protected] NETSUITE SIGNS DEFINITIVE AGREEMENT TO ACQUIRE BRONTO SOFTWARE Combination Brings Together the Leader in Cloud Omnichannel Commerce with the Leader in Commerce Marketing Automation SAN MATE

April 23, 2015 8-K

Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 22, 2015 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Commi

April 23, 2015 8-K

NetSuite 8-K - Q1 2015 EARNINGS RELEASE (Current Report/Significant Event)

N 3.31.2015 8K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 23, 2015 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organ

March 20, 2015 S-8

NetSuite S-8

S-8 As filed with the Securities and Exchange Commission on March 20, 2015 Registration No.

March 2, 2015 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark one) x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2014 ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file number 001-33870 NetSuite Inc. (E

March 2, 2015 EX-21.1

SUBSIDIARIES OF THE REGISTRANT

Exhibit 21.1 SUBSIDIARIES OF THE REGISTRANT Subsidiary name Jurisdiction of incorporation / formation LightCMS LLC Oklahoma Neptune International Holdings LLC Delaware NetSuite Australia Pty. Ltd. Australia NetSuite Canada Inc. Canada NetSuite Canada Development, Inc. Canada NetSuite Czech Republic s.r.o Czech Republic NetSuite Hong Kong Limited Hong Kong NetSuite K.K. Japan NetSuite Netherlands B

February 13, 2015 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 10, 2015 NETSUITE INC. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation) (Commissio

February 10, 2015 SC 13G/A

N / NetSuite, Inc. / PRICE T ROWE ASSOCIATES INC /MD/ - N AS OF 01/31/2015 Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 2) NETSUITE INC (Name of Issuer) COMMON STOCK (Title of Class of Securities) 64118Q107 (CUSIP Number) January 31, 2015 (Date of Event which Requires Filing of Statement) Check the appropriate box to designate the Rule pursuant to which this Schedule is filed

February 9, 2015 SC 13G/A

N / NetSuite, Inc. / PRICE T ROWE ASSOCIATES INC /MD/ - N AS OF 12/31/2014 Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 1) NETSUITE INC (Name of Issuer) COMMON STOCK (Title of Class of Securities) 64118Q107 (CUSIP Number) December 31, 2014 (Date of Event which Requires Filing of Statement) Check the appropriate box to designate the Rule pursuant to which this Schedule is file

January 29, 2015 EX-99.1

NETSUITE ANNOUNCES FOURTH QUARTER AND FISCAL 2014 FINANCIAL RESULTS Fiscal Year 2014 Marks a Record Fifth Straight Year of Accelerating Recurring Revenue Growth Ÿ Record Q4 Revenue of $157.9 Million, a 37% Year-over-Year Increase Ÿ Record 2014 Revenu

Exhibit 99.1 Investor Relations Contact: Media Contact: Jennifer Gianola Mei Li NetSuite Inc. NetSuite Inc. 650.627.1131 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES FOURTH QUARTER AND FISCAL 2014 FINANCIAL RESULTS Fiscal Year 2014 Marks a Record Fifth Straight Year of Accelerating Recurring Revenue Growth Ÿ Record Q4 Revenue of $157.9 Million, a 37% Year-over-Year Incr

January 29, 2015 8-K

Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 29, 2015 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Com

November 7, 2014 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark one) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2014 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file num

October 23, 2014 8-K

Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 23, 2014 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Com

October 23, 2014 EX-99.1

NETSUITE ANNOUNCES THIRD QUARTER 2014 FINANCIAL RESULTS

EX-99.1 2 n9302014ex991.htm EXHIBIT: SEPTEMBER 30, 2014 EARNINGS RELEASE Exhibit 99.1 Investor Relations Contact: Media Contact: Jennifer Gianola Mei Li NetSuite Inc. NetSuite Inc. 650.627.1131 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES THIRD QUARTER 2014 FINANCIAL RESULTS • Record Q3 Revenue of $143.7 Million, a 34% Year-over-Year Increase • Q3 Operating Cash Flows o

August 6, 2014 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark one) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2014 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file number 0

July 24, 2014 EX-99.1

NETSUITE ANNOUNCES SECOND QUARTER 2014 FINANCIAL RESULTS First Pure-Play Cloud ERP Software-as-a-Service Company to Exceed Half a Billion Annual Revenue Run Rate First Ever $100 Million Quarter of Recurring Revenue

Exhibit 99.1 Investor Relations Contact: Media Contact: Jennifer Gianola Mei Li NetSuite Inc. NetSuite Inc. 650.627.1131 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES SECOND QUARTER 2014 FINANCIAL RESULTS First Pure-Play Cloud ERP Software-as-a-Service Company to Exceed Half a Billion Annual Revenue Run Rate First Ever $100 Million Quarter of Recurring Revenue • Q2 Reven

July 24, 2014 8-K

Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 24, 2014 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Commis

June 13, 2014 8-K

Current Report

Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 11, 2014 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization

June 10, 2014 SC 13G

N / NetSuite, Inc. / PRICE T ROWE ASSOCIATES INC /MD/ - N AS OF 05/30/2014 Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. )* NETSUITE INC (Name of Issuer) COMMON STOCK (Title of Class of Securities) 64118Q107 (CUSIP Number) May 31, 2014 (Date of Event which Requires Filing of Statement) Check the appropriate box to designate the Rule pursuant to which this Schedule is filed: [x

May 6, 2014 EX-10.2

NETSUITE INC. SEVERANCE AND CHANGE OF CONTROL AGREEMENT

EX-10.2 3 n3312014ex102.htm EXHIBIT: SEVERANCE AND CHANGE OF CONTROL AGREEMENT Exhibit 10.2 NETSUITE INC. SEVERANCE AND CHANGE OF CONTROL AGREEMENT This Severance and Change of Control Agreement (the “Agreement”) is made and entered into by and between Marc Huffman (“Executive”) and NetSuite Inc., a Delaware corporation (the “Company”), effective as of May 1, 2014 (the “Effective Date”) and supers

May 6, 2014 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark one) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2014 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file number

May 6, 2014 EX-10.1

NETSUITE INC. April 25, 2014

EX-10.1 2 n3312014ex101.htm EXHIBIT: LETTER AGREEMENT Exhibit 10.1 NETSUITE INC. April 25, 2014 Marc Huffman c/o NetSuite Inc. 2955 Campus Drive, Suite 100 San Mateo, CA 94403-2511 Re: Letter Relating to Employment Terms Dear Mr. Huffman: This letter is to confirm the terms of your employment with NetSuite Inc. (the “Company”) effective as of May 1, 2014 (the “Effective Date”). This letter superse

April 30, 2014 DEFR14A

- REVISED DEFINITIVE PROXY STATEMENT

Revised Definitive Proxy Statement Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

April 29, 2014 DEF 14A

- DEFINITIVE PROXY STATEMENT

Definitive Proxy Statement Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

April 28, 2014 EX-99.1

NETSUITE ANNOUNCES FIRST QUARTER 2014 FINANCIAL RESULTS

EX-99.1 2 n3312014ex991.htm EXHIBIT: Q1 2014 EARNINGS RELEASE Exhibit 99.1 Investor Relations Contact: Media Contact: Jennifer Gianola Mei Li NetSuite Inc. NetSuite Inc. 650.627.1131 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES FIRST QUARTER 2014 FINANCIAL RESULTS • Record Q1 Revenue of $123.0 Million, a 34% Year-over-Year Increase • Record Q1 Operating Cash Flows of $1

April 28, 2014 8-K

Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 28, 2014 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Commi

March 21, 2014 EX-3.1

AMENDED AND RESTATED BYLAWS NETSUITE INC. NETSUITE INC. ARTICLE I — CORPORATE OFFICES

EX-3.1 Exhibit 3.1 AMENDED AND RESTATED BYLAWS OF NETSUITE INC. BYLAWS OF NETSUITE INC. ARTICLE I — CORPORATE OFFICES 1.1 REGISTERED OFFICE. The registered office of NetSuite Inc. shall be fixed in the corporation’s certificate of incorporation, as the same may be amended and/or restated from time to time (as so amended and/or restated, the “Certificate”). 1.2 OTHER OFFICES. The corporation’s Boar

March 21, 2014 8-K

Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Financial Statements and Exhibits, Other Events

8-K 1 d697155d8k.htm FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 17, 2014 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorpo

March 3, 2014 EX-21.1

SUBSIDIARIES OF THE REGISTRANT

EX-21.1 2 n12312013ex211.htm SUBSIDIARIES OF THE REGISTRANT Exhibit 21.1 SUBSIDIARIES OF THE REGISTRANT Subsidiary name Jurisdiction of incorporation / formation LightCMS LLC Oklahoma NetSuite Australia Pty. Ltd. Australia NetSuite Canada Inc. Canada NetSuite Hong Kong Limited Hong Kong NetSuite K.K. Japan NetSuite (Philippines) Inc. Philippines NetSuite Software (Asia Pacific) Pte. Ltd. Singapore

March 3, 2014 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark one) x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2013 ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file number 001-33870 NetSuite Inc. (E

February 18, 2014 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

8-K 1 d679714d8k.htm FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 11, 2014 NETSUITE INC. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of inco

February 14, 2014 S-8

- S-8

S-8 As filed with the Securities and Exchange Commission on February 14, 2014 Registration No.

February 12, 2014 SC 13G/A

N / NetSuite, Inc. / David Ferris Ellison Trust - SC 13G/A Passive Investment

begin 644 nsschedule13ga.pdf M)5!$1BTQ+C0*)>+CS],*,3D@,"!O8FH*/#P*+TQI;F5AF4@,S<*+U)O;W0@,C`@,"!2"B]);F9O(#$U M(#`@4@HO4')E=B`@("`@(#DQ,#@P"B])1%L\1$0X039"13(T,T9$,40S1#,U M-S4S-48U,C,R-S(T0T0^/$1$.$$V0D4R-#-&1#%$,T0S-37!E+T-A=&%L;V<*/CX*96YD;V)J"C,V(#`@;V)J"CP\ M"B]&:6QT97(O1FQA=&5$96-O9&4*+TD@,3@S"B]3(#$R-PHO3&5N9W1H(#$T M-@H^/@IS=')E86T*6$=C8&!@`J)/#"P,#,SL#((,""`(%&-A8&1@O`#D3)1L M?,+P*2%)P'"#

February 12, 2014 SC 13G/A

N / NetSuite, Inc. / David Ferris Ellison Trust - SC 13G/A Passive Investment

February 12, 2014 SC 13GA DOC Note: PDF provided as a courtesy UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

January 30, 2014 EX-99.1

NETSUITE ANNOUNCES FOURTH QUARTER AND FISCAL 2013 FINANCIAL RESULTS

Exhibit 99.1 Investor Relations Contact: Media Contact: Carolyn Bass Mei Li Market Street Partners NetSuite Inc. 415.445.3232 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES FOURTH QUARTER AND FISCAL 2013 FINANCIAL RESULTS • Record Q4 Revenue of $115.0 Million, a 35% Year-over-Year Increase • Record 2013 Revenue of $414.5 Million, 34% Growth over Prior Year • Record Q4 2013 Oper

January 30, 2014 8-K

Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 30, 2014 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Com

October 30, 2013 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark one) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2013 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file num

October 24, 2013 8-K

Results of Operations and Financial Condition - 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 24, 2013 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Com

October 24, 2013 EX-99.1

NETSUITE ANNOUNCES THIRD QUARTER 2013 FINANCIAL RESULTS

Exhibit 99.1 Investor Relations Contact: Media Contact: Carolyn Bass Mei Li Market Street Partners NetSuite Inc. 415.445.3232 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES THIRD QUARTER 2013 FINANCIAL RESULTS • Record Q3 Revenue of $106.9 Million, a 34% Year-over-Year Increase • Quarterly Operating Cash Flows of $14.6 Million SAN MATEO, Calif. - October 24, 2013-NetSuite Inc.

August 2, 2013 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark one) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2013 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file number 0

July 25, 2013 EX-99.1

NETSUITE ANNOUNCES SECOND QUARTER 2013 FINANCIAL RESULTS

Exhibit 99.1 Investor Relations Contact: Media Contact: Carolyn Bass Mei Li Market Street Partners NetSuite Inc. 415.445.3232 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES SECOND QUARTER 2013 FINANCIAL RESULTS • Record Q2 Revenue of $101.0 Million, a 35% Year-over-Year Increase • Record Quarterly Operating Cash Flows of $15.6 Million SAN MATEO, Calif. - July 25, 2013-NetSuite

July 25, 2013 8-K

Results of Operations and Financial Condition - 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 25, 2013 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Commis

June 10, 2013 EX-4.1

NETSUITE INC. WELLS FARGO BANK, NATIONAL ASSOCIATION as Trustee Dated as of June 4, 2013 0.25% Convertible Senior Notes due 2018 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS Section 1.01 Definitions 1 Section 1.02 References to Interest 11 ARTICLE II

EX-4.1 2 d548244dex41.htm EX-4.1 Exhibit 4.1 NETSUITE INC. and WELLS FARGO BANK, NATIONAL ASSOCIATION as Trustee INDENTURE Dated as of June 4, 2013 0.25% Convertible Senior Notes due 2018 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS Section 1.01 Definitions 1 Section 1.02 References to Interest 11 ARTICLE II ISSUE, DESCRIPTION, EXECUTION, REGISTRATION AND EXCHANGE OF NOTES Section 2.01 Designation

June 10, 2013 8-K

Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant, Other Events - FORM 8-K

Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 4, 2013 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation organization) (C

May 30, 2013 EX-99.1

NETSUITE ANNOUNCES PROPOSED PRIVATE OFFERING OF CONVERTIBLE SENIOR NOTES

EX-99.1 2 d546681dex991.htm EX-99.1 Exhibit 99.1 NETSUITE ANNOUNCES PROPOSED PRIVATE OFFERING OF CONVERTIBLE SENIOR NOTES SAN MATEO, Calif.—May 28, 2013—NetSuite Inc. (NYSE: N) (“NetSuite”) today announced that it plans to offer, subject to market and other conditions, $270 million principal amount of its convertible senior notes due 2018 to qualified institutional buyers pursuant to Rule 144A und

May 30, 2013 8-K

Financial Statements and Exhibits, Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 28, 2013 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation organization) (Commission

May 30, 2013 EX-99.2

NETSUITE ANNOUNCES PRICING OF PRIVATE OFFERING OF $270 MILLION PRINCIPAL AMOUNT OF CONVERTIBLE SENIOR NOTES

Exhibit 99.2 NETSUITE ANNOUNCES PRICING OF PRIVATE OFFERING OF $270 MILLION PRINCIPAL AMOUNT OF CONVERTIBLE SENIOR NOTES SAN MATEO, Calif.—May 30, 2013—NetSuite Inc. (NYSE: N) (“NetSuite”) today announced that it has agreed to sell $270 million principal amount of its 0.25% convertible senior notes due 2018 in a private offering to qualified institutional buyers pursuant to Rule 144A under the Sec

May 28, 2013 8-K

- FORM 8-K

Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 22, 2013 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization)

May 1, 2013 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark one) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2013 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file number

April 30, 2013 DEF 14A

- DEFINITIVE PROXY STATEMENT

Definitive Proxy Statement Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

April 25, 2013 8-K

Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 25, 2013 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Commi

April 25, 2013 EX-99.1

NETSUITE ANNOUNCES FIRST QUARTER 2013 FINANCIAL RESULTS

Exhibit 99.1 Investor Relations Contact: Media Contact: Carolyn Bass Mei Li Market Street Partners NetSuite Inc. 415.445.3232 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES FIRST QUARTER 2013 FINANCIAL RESULTS • Record Q1 Revenue of $91.6 Million, a 32% Year-over-Year Increase • Operating Cash Flows of $14.7 Million, a 39% Increase Year-over-Year SAN MATEO, Calif. - April 25, 2

April 22, 2013 8-K/A

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits - FORM 8-K/A

FORM 8-K/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 31, 2013 NETSUITE INC. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation) (Commis

April 22, 2013 EX-10.1

NetSuite Inc. 2955 Campus Drive, Suite 100 San Mateo, CA, 94403—2511 April 19, 2013

EX-10.1 Exhibit 10.1 NetSuite Inc. 2955 Campus Drive, Suite 100 San Mateo, CA, 94403—2511 April 19, 2013 Mr. James Ramsey c/o NetSuite Inc. 2955 Campus Drive, Suite 100 San Mateo, CA 94403—2511 Re: Leave of Absence Dear James: This letter will serve to confirm the terms of your unpaid personal leave of absence from NetSuite Inc. (“NetSuite”). From April 1, 2013 through April 30, 2013, as we have m

March 6, 2013 8-K

Entry into a Material Definitive Agreement, Financial Statements and Exhibits - FORM 8-K

Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 28, 2013 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation) (Commissio

March 6, 2013 EX-10.1

AMENDMENT THREE TO THE ORDERING DOCUMENT

EX-10.1 2 d496355dex101.htm EX-10.1 Exhibit 10.1 AMENDMENT THREE TO THE ORDERING DOCUMENT O R A C L E C O N T R A C T I N F O R M A T I O N This document (this “Amendment”) amends the ordering document dated October 31, 2007 (the “ordering document”) as amended, between NetSuite Inc. (“you”) and Oracle America, Inc. (“Oracle”), which is a successor in interest to Oracle USA, Inc. and has assumed a

February 28, 2013 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark one) x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2012 ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file number 001-33870 NetSuite Inc. (E

February 28, 2013 EX-21.1

SUBSIDIARIES OF THE REGISTRANT

Exhibit 21.1 SUBSIDIARIES OF THE REGISTRANT Subsidiary name Jurisdiction of incorporation NetSuite Australia PTY LTD. Australia NetSuite Canada Inc. Canada NetSuite Hong Kong Limited Hong Kong NetSuite Kabushiki Kaisha Japan NetSuite (Philippines) Inc. Philippines NetSuite Software (Asia Pacific) Pte. Ltd. Singapore NetSuite UK Limited United Kingdom NetSuite Czech Republic s.r.o Czech Republic Ra

February 28, 2013 S-8

- FORM S-8

As filed with the Securities and Exchange Commission on February 28, 2013 Registration No.

February 27, 2013 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 21, 2013 NETSUITE INC. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation) (Commission File Nu

February 13, 2013 SC 13G

N / NetSuite, Inc. / Goldberg Evan - SC 13G Passive Investment

SC 13G UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 NetSuite Inc. (Name of Issuer) Common Stock, $0.01 par value per share (Title of Class of Securities) 64118Q107 (CUSIP Number) December 31, 2012 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which

February 5, 2013 8-K

Financial Statements and Exhibits - FORM 8-K

Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 1, 2013 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation organization

February 5, 2013 EX-10.1

FOURTH AMENDMENT

EX-10.1 Exhibit 10.1 FOURTH AMENDMENT THIS FOURTH AMENDMENT (this “Amendment”) is made and entered into as of February 1, 2013, by and between EOP-PENINSULA OFFICE PARK, L.L.C., a Delaware limited liability company (“Landlord”), and NETSUITE INC., a Delaware corporation (“Tenant”). RECITALS A. Landlord and Tenant (as successor to Netsuite, Inc., a California corporation) are parties to that certai

February 1, 2013 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers - FORM 8-K

Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 31, 2013 NETSUITE INC. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation) (Commission

January 31, 2013 8-K

Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 31, 2013 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Com

January 31, 2013 EX-99.1

NETSUITE ANNOUNCES FOURTH QUARTER AND FISCAL 2012 FINANCIAL RESULTS

EX-99.1 2 n12312012ex991.htm Q4 2012 EARNINGS RELEASE Exhibit 99.1 Investor Relations Contact: Media Contact: Carolyn Bass Mei Li Market Street Partners NetSuite Inc. 415.445.3232 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES FOURTH QUARTER AND FISCAL 2012 FINANCIAL RESULTS • Record Q4 Revenue of $85.0 Million, a 33% Year-over-Year Increase • Record 2012 Revenue of $308.8 Mill

October 31, 2012 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark one) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2012 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file num

October 25, 2012 EX-99.1

NETSUITE ANNOUNCES THIRD QUARTER 2012 FINANCIAL RESULTS

Exhibit 99.1 Investor Relations Contact: Media Contact: Carolyn Bass Mei Li Market Street Partners NetSuite Inc. 415.445.3232 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES THIRD QUARTER 2012 FINANCIAL RESULTS • Record Q3 Revenue of $79.8 Million, a 31% Year-over-Year Increase • Non-GAAP Net Income Grows 49% Year-over-Year • Operating Cash Flows of $15.2 Million, a 61% Increase

October 25, 2012 8-K

Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 25, 2012 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Com

September 18, 2012 CORRESP

-

September 18, 2012 VIA EDGAR Securities and Exchange Commission 100 F Street, N.E. Washington, DC 20549 Attention: Mark P. Shuman, Branch Chief - Legal Re: NetSuite Inc. Form 10-K for the Fiscal Year Ended December 31, 2011 Filed February 28, 2012 File No. 001-33870 Ladies and Gentlemen: NetSuite Inc. (“NetSuite” or the “Company”) is submitting this letter in response to the staff (the “Staff”) of

September 5, 2012 CORRESP

-

September 5, 2012 Via EDGAR Securities and Exchange Commission 100 F Street, N.E. Washington, DC 20549 Attention: Mark P. Shuman, Branch Chief - Legal Re: NetSuite Inc. Form 10-K for the Fiscal Year Ended December 31, 2011 Filed February 28, 2012 File No. 001-33870 Ladies and Gentlemen: NetSuite Inc. (the “Company”) hereby advises the staff (the “Staff”) of the Securities and Exchange Commission (

August 6, 2012 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark one) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2012 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file number 0

July 26, 2012 EX-99.1

NETSUITE ANNOUNCES SECOND QUARTER 2012 FINANCIAL RESULTS

EX-99.1 2 n6302012ex991.htm JUNE 30, 2012 EARNINGS RELEASE Exhibit 99.1 Investor Relations Contact: Media Contact: Carolyn Bass Mei Li Market Street Partners NetSuite Inc. 415.445.3232 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES SECOND QUARTER 2012 FINANCIAL RESULTS • Q2 Revenue of $74.7 Million, a 29% Year-over-Year Increase • Non-GAAP Net Income Grows 192% Year-over-Year •

July 26, 2012 8-K

Results of Operations and Financial Condition -

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 26, 2012 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Commis

June 15, 2012 8-K

- FORM 8-K

Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 13, 2012 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization

June 15, 2012 CORRESP

-

June 15, 2012 VIA EDGAR Securities and Exchange Commission 100 F Street, N.E. Washington, DC 20549 Attention: Mark P. Shuman, Branch Chief - Legal Re: NetSuite Inc. Form 10-K for the Fiscal Year Ended December 31, 2011 Filed February 28, 2012 File No. 001-33870 Ladies and Gentlemen: NetSuite Inc. (“NetSuite” or the “Company”) is submitting this letter in response to the staff (the “Staff”) of the

June 7, 2012 CORRESP

-

June 7, 2012 Via EDGAR Securities and Exchange Commission 100 F Street, N.E. Washington, DC 20549 Attention: Mark P. Shuman, Branch Chief - Legal Re: NetSuite Inc. Form 10-K for the Fiscal Year Ended December 31, 2011 Filed February 28, 2012 File No. 001-33870 Ladies and Gentlemen: NetSuite Inc. (the “Company”) hereby advises the staff (the “Staff”) of the Securities and Exchange Commission (the “

May 7, 2012 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark one) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES AND EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2012 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file num

May 7, 2012 EX-10.3

NETSUITE INC. 2007 EQUITY INCENTIVE PLAN NOTICE OF GRANT OF PERFORMANCE SHARES

EX-10.3 4 performanceshareagreement.htm FORM OF NOTICE OF GRANT OF PERFORMANCE SHARES Exhibit 10.3 NETSUITE INC. 2007 EQUITY INCENTIVE PLAN NOTICE OF GRANT OF PERFORMANCE SHARES Unless otherwise defined herein, the terms defined in the 2007 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Notice of Grant of Performance Shares (the “Notice of Grant”), the Terms and Con

May 7, 2012 EX-10.2

NETSUITE INC. 2007 EQUITY INCENTIVE PLAN NOTICE OF GRANT OF RESTRICTED STOCK UNITS

EX-10.2 3 rsuagreement.htm FORM OF NOTICE OF GRANT OF RESTRICTED STOCK UNITS Exhibit 10.2 NETSUITE INC. 2007 EQUITY INCENTIVE PLAN NOTICE OF GRANT OF RESTRICTED STOCK UNITS Unless otherwise defined herein, the terms defined in the 2007 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Notice of Grant of Restricted Stock Units (the “Notice of Grant”) and Terms and Condi

May 7, 2012 EX-10.1

NETSUITE INC. 2007 EQUITY INCENTIVE PLAN NOTICE OF GRANT OF STOCK OPTION

EX-10.1 2 optionagreement.htm FORM OF NOTICE OF GRANT OF STOCK OPTION Exhibit 10.1 NETSUITE INC. 2007 EQUITY INCENTIVE PLAN NOTICE OF GRANT OF STOCK OPTION Unless otherwise defined herein, the terms defined in the 2007 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Notice of Grant of Stock Option (the “Notice of Grant”) and Terms and Conditions of Stock Option Grant

April 26, 2012 EX-99.1

NETSUITE ANNOUNCES FIRST QUARTER 2012 FINANCIAL RESULTS

EX-99.1 2 n3312012ex991.htm Q1 2012 EARNINGS RELEASE Exhibit 99.1 Investor Relations Contact: Media Contact: Carolyn Bass Mei Li Market Street Partners NetSuite Inc. 415.445.3232 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES FIRST QUARTER 2012 FINANCIAL RESULTS • Record Q1 Revenue of $69.3 Million, a 30% Year-over-Year Increase • Recurring Revenue Grows 27% Year-over-Year to $

April 26, 2012 8-K

Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 26, 2012 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Commi

April 20, 2012 DEF 14A

- DEFINITIVE PROXY STATEMENT

Definitive Proxy Statement Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

March 21, 2012 EX-99.1

VETERAN TECHNOLOGY EXECUTIVE AND FORMER NETAPP CFO STEVE GOMO JOINS NETSUITE BOARD OF DIRECTORS

EX-99.1 2 d319987dex991.htm PRESS RELEASE Exhibit 99.1 Contact: Mei Li NetSuite Inc. Phone: 650.627.1063 E-mail: [email protected] VETERAN TECHNOLOGY EXECUTIVE AND FORMER NETAPP CFO STEVE GOMO JOINS NETSUITE BOARD OF DIRECTORS SAN MATEO, Calif.—March 21, 2011 — NetSuite Inc. (NYSE: N), the industry’s leading provider of cloud-based financials / ERP software suites, today announced the appointment

March 21, 2012 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits - FORM 8-K

Form 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 20, 2012 NETSUITE INC. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation) (Commission F

March 12, 2012 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 6, 2012 NETSUITE INC. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation) (Commission File Number

February 28, 2012 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark one) x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2011 ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file number 001-33870 NetSuite Inc. (E

February 28, 2012 EX-21.1

SUBSIDIARIES OF THE REGISTRANT

EX-21.1 2 n12312011ex211.htm SUBSIDIARIES OF THE REGISTRANT Exhibit 21.1 SUBSIDIARIES OF THE REGISTRANT Subsidiary name Jurisdiction of incorporation NetSuite Australia PTY LTD. Australia NetSuite Canada Inc. Canada NetSuite Hong Kong Limited Hong Kong NetSuite Kabushiki Kaisha Japan NetSuite (Philippines) Inc. Philippines NetSuite Software (Asia Pacific) Pte. Ltd. Singapore NetSuite UK Limited Un

February 14, 2012 SC 13G

N / NetSuite, Inc. / Goldberg Evan - SCHEDULE 13G Passive Investment

Schedule 13G UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 NetSuite Inc. (Name of Issuer) Common Stock, $0.01 par value per share (Title of Class of Securities) 64118Q107 (CUSIP Number) December 31, 2011 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to

February 13, 2012 SC 13G/A

N / NetSuite, Inc. / David Ferris Ellison Trust - SC 13G/A Passive Investment

February 13, 2012 SG-13A DOC Note: PDF provided as a courtesy UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

February 13, 2012 SC 13G/A

N / NetSuite, Inc. / David Ferris Ellison Trust - SC 13G/A Passive Investment

begin 644 nsschedule13ga.pdf M)5!$1BTQ+C0-)>+CS],-"C0V,"`P(&]B:@T\/"],:6YE87)I>F5D(#$O3"`T M.#0V-2]/(#0V,R]%(#$P,##KDPO' MN`\PL#7D@>5%&!A2,X$T*]"X5"`MQ\#0`O0;R'\,MD`LR<"0=@XB+VL"]Z42 M`\.T\R`7`)$60(`!`(#?-!4-"F5N9'-T7!E+UA2968^/G-T-IB8I)D8&)@8!S% M@P4SSAT-@]'X&,6C\3$:'Q`,$&``\*T'B@T*96YD7!E+T%R='=O<@!O`&(`80!T M`"``4`!$`$8`30!A`&L`90!R`"``.``N`#$`(`!F`&\`<@`@`%<`;P!R`&0I M/CXO4&%G945L96UE;G0\/"]3=

February 10, 2012 S-8

- FORM S-8

Form S-8 As filed with the Securities and Exchange Commission on February 10, 2012 Registration No.

February 9, 2012 8-K/A

Submission of Matters to a Vote of Security Holders

Form 8-K Amendment UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

February 2, 2012 8-K

Results of Operations and Financial Condition

8-K 1 n123120118k.htm UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 2, 2012 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation

February 2, 2012 EX-99.1

NETSUITE ANNOUNCES FOURTH QUARTER AND FISCAL 2011 FINANCIAL RESULTS

Exhibit 99.1 Investor Relations Contact: Media Contact: Carolyn Bass Mei Li Market Street Partners NetSuite Inc. 415.445.3232 650.627.1063 [email protected] [email protected] NETSUITE ANNOUNCES FOURTH QUARTER AND FISCAL 2011 FINANCIAL RESULTS • Record Q4 Revenue of $64.1 Million, a 23% Year-over-Year Increase • Record 2011 Revenue of $236.3 Million, 22% Growth over Prior Year • Q4 Calculated Billin

December 15, 2011 8-K

Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 9, 2011 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation organization) (Commis

December 15, 2011 EX-10.1

SECOND AMENDMENT

Exhibit 10.1 SECOND AMENDMENT THIS SECOND AMENDMENT (this ?Amendment?) is made and entered into as of October 8, 2010, by and between EOP-PENINSULA OFFICE PARK, L.L.C., a Delaware limited liability company (?Landlord?), and NETSUITE INC., a Delaware corporation (?Tenant?). RECITALS A. Landlord and Tenant (as successor to Netsuite, Inc., a California corporation) are parties to that certain lease d

December 15, 2011 EX-10.2

THIRD AMENDMENT

EX-10.2 3 d271208dex102.htm THIRD AMENDMENT TO THE OFFICE LEASE AGREEMENT Exhibit 10.2 THIRD AMENDMENT THIS THIRD AMENDMENT (this “Amendment”) is made and entered into as of December 9, 2011, by and between EOP-PENINSULA OFFICE PARK, L.L.C., a Delaware limited liability company (“Landlord”), and NETSUITE INC., a Delaware corporation (“Tenant”). RECITALS A. Landlord and Tenant (as successor to Nets

November 7, 2011 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark one) x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES AND EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2011 OR ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to . Commission file

November 3, 2011 8-K

Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 3, 2011 NetSuite Inc. (Exact name of registrant as specified in its charter) Delaware 001-33870 94-3310471 (State or other jurisdiction of incorporation or organization) (Com

Fintel data has been cited in the following publications:
Daily Mail Fox Business Business Insider Wall Street Journal The Washington Post Bloomberg Financial Times Globe and Mail
NASDAQ.com Reuters The Guardian Associated Press FactCheck.org Snopes Politifact
Federal Register The Intercept Forbes Fortune Magazine TheStreet Time Magazine Canadian Broadcasting Corporation International Business Times
Cambridge University Press Investopedia MarketWatch NY Daily News Entrepreneur Newsweek Barron's El Economista