DigitalOcean Holdings Inc
For the period ended Dec 31, 2023. Filed Feb 21, 2024.
View on SEC.govAbout this filing
A company's yearly report to the SEC, with audited financial statements. It is the fullest account a company gives of its business, its finances and the risks it sees.
FY2023 · Filed Feb 21, 2024
DOCN$79.52+1.6%Stored close · as of Nov 10, 2026
Extracted filing text, with the paragraph anchors used by the comparison.
See the whole filing, with its images and exhibitsContents
Item 15. Exhibits, Financial Statement Schedules
(a) The following documents are filed as part of this report:
(1) Financial Statements.
Our consolidated financial statements are listed in the “Index to Consolidated Financial Statements” under Part II, Item 8. “Financial Statements and Supplementary Data” of this Annual Report on Form 10-K.
(2) Financial Statement Schedules.
All schedules are omitted because they are not applicable or because the required information is shown in the consolidated financial statements and accompanying notes.
(3) Exhibits.
| Incorporated by Reference | ||||||
|---|---|---|---|---|---|---|
| Exhibit No. | Exhibit Description | Form | File No. | Exhibit | Filing Date | Filed Herewith |
| 2.1 | Share Purchase Agreement, dated as of August 19, 2022, by and among DigitalOcean, LLC, Cloudways Ltd., each of the shareholders of Cloudways identified on the signature pages thereto and Shareholder Representative Services LLC. | 8-K | 001-40252 | 2.1 | 8/23/22 | |
| 3.1 | Amended and Restated Certificate of Incorporation of the Registrant. | 8-K | 001-40252 | 3.1 | 3/31/21 | |
| 3.2 | Amended and Restated Bylaws of the Registrant. | 10-Q | 001-40252 | 3.1 | 11/02/23 | |
| 4.1 | Form of Common Stock Certificate. | S-1 | 333-253483 | 4.1 | 2/25/21 | |
| 4.2 | Indenture, dated as of November 18, 2021, between DigitalOcean Holdings, Inc. and U.S. Bank National Association as trustee. | 8-K | 001-40252 | 4.1 | 11/18/21 | |
| 4.3 | Form of certificate representing the 0% Convertible Senior Notes due 2026. | 8-K | 001-40252 | 4.2 | 11/18/21 | |
| 4.4 | Description of Capital Stock. | 10-K | 001-40252 | 4.4 | 2/25/22 | |
| 10.1 | Amended and Restated Investors’ Rights Agreement, dated as of May 8, 2020, by and among the Registrant and certain of its stockholders. | S-1 | 333-253483 | 10.1 | 2/25/21 | |
| 10.2 | DigitalOcean Holdings, Inc. 2013 Stock Plan, as amended. | S-1 | 333-253483 | 10.2 | 2/25/21 | |
| 10.2.1 | Form of Option Agreement, Notice of Stock Option Grant and Exercise Notice under 2013 Stock Plan. | S-1 | 333-253483 | 10.2.1 | 2/25/21 | |
| 10.2.2 | Form of Restricted Stock Unit Award Agreement under 2013 Stock Plan. | S-1 | 333-253483 | 10.2.2 | 2/25/21 | |
| 10.3 | DigitalOcean Holdings, Inc. 2021 Equity Incentive Plan. | S-1/A | 333-253483 | 10.3 | 3/15/21 | |
| 10.3.1 | Form of Option Agreement, Notice of Stock Option Grant and Exercise Notice under 2021 Equity Incentive Plan. | S-1/A | 333-253483 | 10.3.1 | 3/15/21 | |
| 10.3.2 | Form of Restricted Stock Unit Award Agreement under 2021 Equity Incentive Plan. | S-1/A | 333-253483 | 10.3.2 | 3/15/21 | |
| 10.4 | DigitalOcean Holdings, Inc. 2021 Employee Stock Purchase Plan. | S-1/A | 333-253483 | 10.4 | 3/15/21 | |
| 10.5 | Amended Non-Employee Director Compensation Policy. | 10-K | 001-40252 | 10.5 | 2/22/23 | |
| 10.6 | Form of Indemnification Agreement entered into by and between the Registrant and each director and executive officer. | S-1 | 333-253483 | 10.6 | 2/25/21 | |
| 10.7 | Letter Agreement between the Registrant and Warren Adelman, dated February 12, 2024. | X | ||||
| 10.8 | Employment Agreement between the Registrant and Padmanabhan Srinivasan, dated January 11, 2024. | 8-K | 001-40252 | 10.1 | 1/17/24 | |
| 10.9 | Employment Agreement between the Registrant and W. Matthew Steinfort, dated November 15, 2022. | 8-K | 001-40252 | 10.1 | 11/17/22 | |
| 10.10 | Employment Agreement Amendment between the Registrant and W. Matthew Steinfort, dated September 15, 2023. | 8-K | 001-40252 | 10.1 | 9/19/23 | |
| 10.11 | Employment Agreement between the Registrant and Aaqib Gadit, dated August 17, 2023. | X | ||||
| 10.12 · Employment Agreement Amendment between the Registrant and Aaqib Gadit, dated September 15, 2023. · X | ||||||
|---|---|---|---|---|---|---|
| 10.13 | Employment Agreement between the Registrant and Yancey Spruill, dated March 8, 2021. | S-1/A | 333-253483 | 10.7 | 3/15/21 | |
| 10.14 | Separation Agreement between the Registrant and Yancey Spruill, dated August 24, 2023. | 10-Q | 001-40252 | 10.1 | 11/02/23 | |
| 10.15 | Employment Agreement between the Registrant and William Sorenson, dated March 8, 2021. | 8-K | 001-40252 | 10.1 | 8/08/22 | |
| 10.16 | Transition Agreement between the Registrant and William Sorenson, dated August 5, 2022. | 8-K | 001-40252 | 10.2 | 8/08/22 | |
| 10.17 | Employment Agreement between the Registrant and Jeffrey Guy, dated March 8, 2021. | S-1/A | 333-253483 | 10.9 | 3/15/21 | |
| 10.18 | Separation Agreement between the Registrant and Jeffrey Guy, dated November 16, 2023. | X | ||||
| 10.19 | Separation Agreement between the Registrant and Megan Wood, dated January 15, 2024. | X | ||||
| 10.20 | Second Amended and Restated Credit Agreement, dated as of February 13, 2020, between the Registrant, DigitalOcean, LLC, KeyBank National Association and the other parties thereto. | S-1 | 333-253483 | 10.8 | 2/25/21 | |
| 10.21 | Amendment No. 1 and Incremental Term Loan Assumption Agreement, dated as of March 18, 2020, between the Registrant, ServerStack, Inc., Morgan Stanley Senior Funding, Inc., KeyBank National Association and the other parties thereto. | S-1 | 333-253483 | 10.9 | 2/25/21 | |
| 10.22 | Amendment No. 2 to Credit Agreement, dated as of November 15, 2021, between DigitalOcean Holdings, Inc., DigitalOcean, LLC, the lenders party thereto and KeyBank National Association, as Administrative Agent. | 8-K | 001-40252 | 10.1 | 11/18/21 | |
| 10.23 | Third Amended and Restated Credit Agreement, dated as of March 29, 2022, between DigitalOcean Holdings, Inc., DigitalOcean, LLC, the lenders party thereto and KeyBank National Association, as Administrative Agent. | 8-K | 001-40252 | 10.1 | 03/30/22 | |
| 21.1 | List of Subsidiaries of DigitalOcean Holdings, Inc. | X | ||||
| 23.1 | Consent of PricewaterhouseCoopers, LLP, independent registered public accounting firm. | X | ||||
| 23.2 | Consent of Ernst & Young LLP, independent registered public accounting firm. | X | ||||
| 31.1 | Certification of Padmanabhan Srinivasan, Chief Executive Officer, pursuant to Rule 13a-14(a)/15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | X | ||||
| 31.2 | Certification of W. Matthew Steinfort, Chief Financial Officer, pursuant to Rule 13a-14(a)/15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | X | ||||
| 32.1* | Certifications of Padmanabhan Srinivasan, Chief Executive Officer, and W. Matthew Steinfort, Chief Financial Officer, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | X | ||||
| 97.1 | DigitalOcean Holdings, Inc. Incentive Compensation Recoupment Policy. | X | ||||
| 101.INS | Inline XBRL Instance Document | X | ||||
| 101.SCH | Inline XBRL Taxonomy Extensions Schema | X |
| 101.CAL | Inline XBRL Taxonomy Extension Calculation Linkbase | X |
| 101.DEF | Inline XBRL Taxonomy Extension Definition Linkbase | X |
| 101.LAB | Inline XBRL Taxonomy Extension Label Linkbase | X |
| 101.PRE | Inline XBRL Taxonomy Extension Presentation Linkbase | X |
| 104 | Cover Page Interactive File (formatted as Inline XBRL and contained in Exhibit 101) | X |
- Furnished herewith and not deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
The agreements and other documents filed as exhibits to this report are not intended to provide factual information or other disclosure other than with respect to the terms of the agreements or other documents themselves, and you should not rely on them for that purpose. In particular, any representations and warranties made by us in these agreements or other documents were made solely within the specific context of the relevant agreement or document and may not describe the actual state of affairs as of the date they were made or at any other time.
The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.