NTNX 10-K Annual Report July 31, 2021 | Alphaminr

NTNX 10-K Fiscal year ended July 31, 2021

NUTANIX, INC.
TABLE OF CONTENTS
Part IItem 1. BusinessItem 1A. Risk FactorsItem 1B. Unresolved Staff CommentsItem 2. PropertiesItem 3. Legal ProceedingsItem 4. Mine Safety DisclosuresPart IIItem 5. Market For Registrant's Common Equity, Related Stockholder Matters and Issuer Purchases Of Equity SecuritiesItem 6. Selected Consolidated Financial and Other DataItem 7. Management's Discussion and Analysis Of Financial Condition and Results Of OperationsItem 7A. Quantitative and Qualitative Disclosures About Market RiskItem 8. Financial Statements and Supplementary DataNote 1. Overview and Summary Of Significant Accounting PoliciesNote 1. OverNote 2. Revenue, Deferred Revenue and Deferred CommissionsNote 3. Fair Value MeasurementsNote 4. Balance Sheet ComponentsNote 5. Convertible Senior NotesNote 6. LeasesNote 7. Commitments and ContingenciesNote 8. Stockholders EquityNote 9. Equity Incentive PlansNote 10. Net Loss Per ShareNote 11. Income TaxesNote 12. Segment InformationNote 13. Subsequent EventsNote 13. SubItem 9. Changes in and Disagreements with Accountants on Accounting and Financial DisclosureItem 9A. Controls and ProceduresItem 9B. Other InformationPart IIIItem 10. Directors, Executive Officers and Corporate GovernanceItem 11. Executive CompensationItem 12. Security Ownership Of Certain Beneficial Owners and Management and Related Stockholder MattersItem 13. Certain Relationships and Related Transactions and Director IndependenceItem 14. Principal Accountant Fees and ServicesPart IVItem 15. Exhibits and Financial Statement SchedulesItem 16. Form 10-k Summary

Exhibits

3.1 Amended and Restated Certificate of Incorporation. 10-Q 001-37883 3.1 12/8/2016 3.2 Amended and Restated Bylaws. S-1/A 333-208711 3.4 5/27/2016 4.1 Amended and Restated Investors Rights Agreement, dated as of August 26, 2014, as amended, by and among the Registrant and certain of its stockholders. S-1 333-208711 4.1 12/22/2015 4.2 Specimen Class A Common Stock Certificate of the Registrant. S-1/A 333-208711 4.2 4/4/2016 4.3 Form of Warrant to Purchase Shares of Capital Stock by and between the Registrant and certain of its investors. S-1 333-208711 4.3 12/22/2015 4.4 Indenture, dated as of January 22, 2018, by and between the Registrant and U.S. Bank National Association and Form of 0% Convertible Senior Notes due 2023. 8-K 001-37883 4.1 1/23/2018 4.5 Description of Class A Common Stock. 10-K 001-37883 4.5 9/24/2019 4.6 Indenture, dated as of September 24, 2020, by and between the Registrant and U.S. Bank National Association, as Trustee. 8-K 001-37883 4.1 9/24/2020 4.7 Form of 2.5% Convertible Senior Notes due 2026 (included in Exhibit 4.6) 8-K 001-37883 4.2 9/24/2020 10.1 Form of Indemnification Agreement by and between the Registrant and each of its directors and executive officers. 10-Q 001-37883 10.1 6/3/2021 10.2+ Second Amended and Restated Outside Director Compensation Policy 10.3+ 2010 Stock Plan and forms of equity agreements thereunder. S-1/A 333-208711 10.2 8/16/2016 10.4+ 2011 Stock Plan and forms of equity agreements thereunder. S-1 333-208711 10.3 12/22/2015 10.5+ 2016 Equity Incentive Plan and forms of equity agreements thereunder. S-1/A 333-208711 10.4 9/19/2016 10.6+ Amended and Restated 2016 Employee Stock Purchase Plan and forms of equity agreements thereunder. 10-Q 001-37883 10.1 3/5/2020 10.7+ Executive Incentive Compensation Plan. S-1 333-208711 10.14 12/22/2015 10.8+ Form of Sales Incentive Plan by and between the Registrant and certain of its sales executives. 10.9+ Offer Letter, dated as of December 7, 2020, by and between Nutanix, Inc. and Rajiv Ramaswami. 8-K 001-37883 10.1 12/9/2020 10.10+ Employment Agreement, dated as of February 26, 2015, by and between the Registrant and Dheeraj Pandey. S-1 333-208711 10.6 12/22/2015 10.11+ Offer Letter, dated as of April 26, 2014, by and between the Registrant and Duston Williams. S-1 333-208711 10.7 12/22/2015 10.12+ Offer Letter, dated as of October 17, 2011, by and between the Registrant and David Sangster. S-1 333-208711 10.11 12/22/2015 10.13+ Offer Letter, dated as of November 20, 2017, by and between the Registrant and Tyler Wall 10-Q 001-37883 10.1 3/15/2018 10.14+ Offer Letter, dated as of October 29, 2019, by and between the Registrant and Tarkan Maner. 10-Q 001-37883 10.2 3/5/2020 10.15+ Offer Letter, dated as of February 1, 2021, by and between the Registrant and Christopher Nicholas Kaddaras Jr. 10-Q 001-37883 10.2 6/3/2021 10.16+ Change of Control and Severance Policy. 10.17+ Executive Severance Policy. 10.18 Original Equipment Manufacturer (OEM) Purchase Agreement, dated as of May 16, 2014, by and among the Registrant, Nutanix Netherlands B.V. and Super Micro Computer Inc., as amended by Amendment One to Original Equipment Manufacturer (OEM) Purchase Agreement, dated as of November 13, 2017 and Amendment Two to Original Equipment Manufacturer (OEM) Purchase Agreement dated as of October 31, 2018. 10-Q 001-37883 10.2 6/5/2019 10.19 Amendment Two to Original Equipment Manufacturer (OEM) Purchase Agreement, dated as of October 31, 2018, by and between the Registrant and Super Micro Computer, Inc. 10-Q 001-37883 10.3 12/10/2018 10.20 Participation Agreement to the Original Equipment Manufacturer Purchase Agreement, entered into as of September 26, 2019, by and between the Registrant, Nutanix Netherlands B.V. and Super Micro Computer, Inc. 10-Q 001-37883 10.5 12/5/2019 10.21 Amendment Three to Original Equipment Manufacturer (OEM) Purchase Agreement, dated as of December 20, 2020, by and between the Registrant and Super Micro Computer Inc. 10-Q 001-37883 10.1 3/4/2021 10.22 Memorandum of Understanding by and between the Registrant and Flextronics Telecom Systems Limited, executed on March 13, 2017. 10-Q 001-37883 10.1 6/5/2019 10.23 Manufacturing Services Agreement, by and among the Registrant, Nutanix Netherlands B.V. and Flextronics Telecom Systems Limited, entered into on November 1, 2017, as amended by Amendment #1 to Manufacturing Services Agreement entered into on December 19, 2017. 10-Q 001-37883 10.3 6/5/2019 10.24 Amendment Four to the Manufacturing Services Agreement, entered into as of September 4, 2019, by and between the Registrant, Nutanix Netherlands B.V. and Flextronics Telecom Systems Limited. 10-Q 001-37883 10.4 12/5/2019 10.25 Amendment Five to Manufacturing Services Agreement, dated October 5, 2020, by and between the Registrant, Nutanix Netherlands B.V. and Flextronics Telecom Systems, Ltd and its affiliates. 10-Q 001-37883 10.6 12/3/2020 10.26 Office Lease, dated as of August 5, 2013, as amended to date, by and between the Registrant and CA-1740 Technology Drive Limited Partnership. S-1/A 333-208711 10.15 8/16/2016 10.27 Office Lease, dated as of April 23, 2014, as amended to date, by and between the Registrant and CA-Metro Plaza Limited Partnership. S-1/A 333-208711 10.16 8/16/2016 10.28 Sixth Amendment to the Office Lease dated as of January 29, 2018, by and between the Registrant and Hudson 1740 Technology, LLC. 10-Q 001-37883 10.1 6/12/2018 10.29 Seventh Amendment to the Office Lease dated as of April 4, 2018, by and between the Registrant and Hudson 1740 Technology, LLC. 10-Q 001-37883 10.2 6/12/2018 10.30 Eighth Amendment, dated as of November 23, 2020, by and between the Registrant and Hudson 1740 Technology, LLC. 10-Q 001-37883 10.3 12/3/2020 10.31 Fourth Amendment to the Office Lease dated as of April 4, 2018, by and between the Registrant and Hudson Metro Plaza, LLC. 10-Q 001-37883 10.3 6/12/2018 10.32 Fifth Amendment to the Office Lease dated as of October 1, 2018, by and between the Registrant and Hudson Metro Plaza, LLC. 10-Q 001-37883 10.1 12/10/2018 10.33 Sixth Amendment to the Office Lease dated as of April 5, 2019, by and between the Registrant and Hudson Metro Plaza, LLC. 10-K 001-37883 10.28 9/24/2019 10.34 Seventh Amendment to the Office Lease dated as of April 25, 2019, by and between the Registrant and Hudson Metro Plaza, LLC. 10-K 001-37883 10.29 9/24/2019 10.35 Eighth Amendment to the Office Lease, dated as of September 17, 2019, by and between the Registrant and Hudson Metro Plaza, LLC. 10-Q 001-37883 10.1 12/5/2019 10.36 Ninth Amendment, dated as of November 23, 2020, by and between the Registrant and Judson Metro Plaza, LLC. 10-Q 001-37883 10.5 12/3/2020 10.37 Office Lease, dated as of April 4, 2018, by and between the Registrant and Hudson Concourse, LLC. 10-Q 001-37883 10.4 6/12/2018 10.38 First Amendment to the Office Lease dated as of September 5, 2018, by and between the Registrant and the Hudson Concourse, LLC. 10-K 001-37883 10.31 9/24/2019 10.39 Office Lease for 1741 Technology Dr., dated as of September 5, 2018, by and between the Registrant and Hudson Concourse, LLC. 10-Q 001-37883 10.2 12/10/2018 10.40 First Amendment to the Office Lease, dated as of October 22, 2019, by and between the Registrant and Hudson Concourse, LLC. 10-Q 001-37883 10.2 12/5/2019 10.41 Confirmation Letter, dated as of November 12, 2019, relating to the Office Lease by and between the Registrant and Hudson Concourse, LLC. 10-Q 001-37883 10.3 12/5/2019 10.42 Second Amendment, dated as of November 23, 2020, by and between the Registrant and Judson Concourse, LLC. 10-Q 001-37883 10.4 12/3/2020 10.43 Purchase Agreement, dated January 17, 2018, by and among the Registrant and Morgan Stanley & Co. LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated and Goldman Sachs & Co. LLC, as representatives of the initial purchasers named therein, Form of Convertible Note Hedge Confirmation and Form of Warrant Confirmation. 8-K 001-37883 10.1 1/23/2018 10.44 Investment Agreement, dated as of August 26, 2020, by and among Nutanix, Inc. and BCPE Nucleon (DE) SPV, LP. 8-K 001-37883 10.1 8/27/2020 10.45 Amendment to Investment Agreement, dated as of September 24, 2020, by and between the Registrant and BCPE Nucleon (DE) SPV, LP. 8-K 001-37883 10.1 9/24/2020 21.1 List of significant subsidiaries of the Registrant. 23.1 Consent of Deloitte & Touche LLP, Independent Registered Public Accounting Firm. 31.1 Certification of Chief Executive Officer pursuant to Exchange Act Rules 13a-14a and 15d-14a, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. 31.2 Certification of Chief Financial Officer pursuant to Exchange Act Rules 13a-14a and 15d-14a, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. 32.1 Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.* 32.2 Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.*