Hewlett Packard Enterprise Co
For the period ended Jan 31, 2024. Filed Mar 5, 2024.
View on SEC.govAbout this filing
A company's report for each of its first three quarters. The financial statements are not audited. It shows how the business has moved since the last annual report, and what management says changed.
Jan 31, 2024 · Filed Mar 5, 2024
Extracted filing text, with the paragraph anchors used by the comparison.
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Exhibit Index
| Incorporated by Reference | |||||
|---|---|---|---|---|---|
| ExhibitNumber | Exhibit Description | Form | File No. | Exhibit(s) | Filing Date |
| 2.1 | Separation and Distribution Agreement, dated as of October 31, 2015, by and among Hewlett-Packard Company, Hewlett Packard Enterprise Company and the Other Parties Thereto | 8-K | 001-37483 | 2.1 | November 5, 2015 |
| 2.2 | Transition Services Agreement, dated as of November 1, 2015, by and between Hewlett-Packard Company and Hewlett Packard Enterprise Company | 8-K | 001-37483 | 2.2 | November 5, 2015 |
| 2.3 | Employee Matters Agreement, dated as of October 31, 2015, by and between Hewlett-Packard Company and Hewlett Packard Enterprise Company | 8-K | 001-37483 | 2.4 | November 5, 2015 |
| 2.4 | Real Estate Matters Agreement, dated as of October 31, 2015, by and between Hewlett-Packard Company and Hewlett Packard Enterprise Company | 8-K | 001-37483 | 2.5 | November 5, 2015 |
| 2.5 | Master Commercial Agreement, dated as of November 1, 2015, by and between Hewlett-Packard Company and Hewlett Packard Enterprise Company | 8-K | 001-37483 | 2.6 | November 5, 2015 |
| 2.6 | Information Technology Service Agreement, dated as of November 1, 2015, by and between Hewlett-Packard Company and HP Enterprise Services, LLC | 8-K | 001-37483 | 2.7 | November 5, 2015 |
| 2.7 | Agreement and Plan of Merger, dated as of May 24, 2016, by and among Hewlett Packard Enterprise Company, Everett SpinCo, Inc., Computer Sciences Corporation, and Everett Merger Sub, Inc. | 8-K | 001-37483 | 2.1 | May 26, 2016 |
| 2.8 | Separation and Distribution Agreement, dated as of May 24, 2016, by and between Hewlett Packard Enterprise Company and Everett SpinCo, Inc. | 8-K | 001-37483 | 2.2 | May 26, 2016 |
| 2.9 | Agreement and Plan of Merger, dated as of September 7, 2016, by and among Hewlett Packard Enterprise Company, Seattle SpinCo, Inc., Micro Focus International plc, Seattle Holdings, Inc. and Seattle MergerSub, Inc. | 8-K | 001-37483 | 2.1 | September 7, 2016 |
| 2.10 | Separation and Distribution Agreement, dated as of September 7, 2016, by and between Hewlett Packard Enterprise Company and Seattle SpinCo, Inc. | 8-K | 001-37483 | 2.2 | September 7, 2016 |
| 2.11 | Employee Matters Agreement, dated as of September 7, 2016, by and between Hewlett Packard Enterprise Company, Seattle SpinCo, Inc. and Micro Focus International plc | 8-K | 001-37483 | 2.3 | September 7, 2016 |
| 2.12 | First Amendment to the Agreement and Plan of Merger, dated as of November 2, 2016, by and among Hewlett Packard Enterprise Company, Everett SpinCo, Inc., New Everett Merger Sub Inc., Computer Sciences Corporation, and Everett Merger Sub, Inc. | 8-K | 001-37483 | 2.1 | November 2, 2016 |
| 2.13 | First Amendment to the Separation and Distribution Agreement, dated as of November 2, 2016, by and between Hewlett Packard Enterprise Company and Everett SpinCo, Inc. | 8-K | 001-37483 | 2.2 | November 2, 2016 |
| 2.14 | Agreement and Plan of Merger, dated as of March 6, 2017, by and among Hewlett Packard Enterprise Company, Nebraska Merger Sub, Inc., and Nimble Storage, Inc. | 8-K | 001-37483 | 99.1 | March 7, 2017 |
| 2.15 | Tender and Support Agreement, dated as of March 6, 2017, by and among Hewlett Packard Enterprise Company, Nebraska Merger Sub, Inc. and each of the persons set forth on Schedule A thereto | 8-K | 001-37483 | 99.2 | March 7, 2017 |
| 2.16 | Employee Matters Agreement, dated March 31, 2017, by and between Hewlett Packard Enterprise Company, Everett SpinCo, Inc., and Computer Sciences Corporation, | 8-K | 001-38033 | 2.1 | April 6, 2017 |
| 2.17 | Tax Matters Agreement, dated March 31, 2017, by and among Hewlett Packard Enterprise Company, Everett SpinCo, Inc., and Computer Sciences Corporation | 8-K | 001-38033 | 2.2 | April 6, 2017 |
| 2.18 | IP Matters Agreement, dated March 31, 2017, by and between Hewlett Packard Enterprise Company, Hewlett Packard Enterprise Development LP, and Everett SpinCo, Inc. | 8-K | 001-38033 | 2.3 | April 6, 2017 |
| 2.19 | Transition Services Agreement, dated March 31, 2017, by and between Hewlett Packard Enterprise Company and Everett SpinCo, Inc. | 8-K | 001-38033 | 2.4 | April 6, 2017 |
| 2.20 | Real Estate Matters Agreement, dated March 31, 2017, by and between Hewlett Packard Enterprise Company and Everett SpinCo, Inc. | 8-K | 001-38033 | 2.5 | April 6, 2017 |
| 2.21 | Fourth Amendment to the Separation and Distribution Agreement, dated March 31, 2017, by and between Hewlett Packard Enterprise Company and Everett SpinCo, Inc. | 8-K | 001-38033 | 2.6 | April 6, 2017 |
| 2.22 | Tax Matters Agreement, dated September 1, 2017, by and among Hewlett Packard Enterprise Company, Seattle SpinCo, Inc., and Micro Focus International plc | 8-K | 001-37483 | 2.1 | September 1, 2017 |
| 2.23 | Intellectual Property Matters Agreement, dated September 1, 2017, by and between Hewlett Packard Enterprise Company, Hewlett Packard Enterprise Development LP, and Seattle SpinCo, Inc. | 8-K | 001-37483 | 2.2 | September 1, 2017 |
| 2.24 | Transition Services Agreement, dated September 1, 2017, by and between Hewlett Packard Enterprise Company and Seattle SpinCo, Inc. | 8-K | 001-37483 | 2.3 | September 1, 2017 |
| 2.25 | Real Estate Matters Agreement, dated September 1, 2017, by and between Hewlett Packard Enterprise Company and Seattle SpinCo, Inc. | 8-K | 001-37483 | 2.4 | September 1, 2017 |
| 2.26 | Agreement and Plan of Merger, dated as of May 16, 2019, by and among Hewlett Packard Enterprise Company, Canopy Merger Sub, Inc., and Cray Inc. | 8-K | 001-37483 | 2.1 | May 17, 2019 |
| 2.27 | Agreement and Plan of Merger, dated as of July 11, 2020, by and among Hewlett Packard Enterprise Company, Santorini Merger Sub, Inc., Silver Peak Systems, Inc., and certain other parties thereto | 8-K | 001-37483 | 2.1 | July 13, 2020 |
| 2.28 | Agreement and Plan of Merger, dated as of January 9, 2024, by and among Juniper Networks, Inc., Hewlett Packard Enterprise Company, and Jasmine Acquisition Sub, Inc. (certain schedules and exhibits omitted pursuant to Regulation S-K Item 601(a)(5)). | 8-K | 001-37483 | 2.1 | January 10, 2024 |
| 3.1 | Registrant's Amended and Restated Certificate of Incorporation | 8-K | 001-37483 | 3.1 | November 5, 2015 |
| 3.2 | Registrant's Second Amended and Restated Bylaws effective September 27, 2023 | 8-K | 001-37483 | 3.1 | September 28, 2023 |
| 3.3 | Certificate of Designation of Series A Junior Participating Redeemable Preferred Stock of Hewlett Packard Enterprise Company | 8-K | 001-37483 | 3.1 | March 20, 2017 |
| 3.4 | Certificate of Designation of Series B Junior Participating Redeemable Preferred Stock of Hewlett Packard Enterprise Company | 8-K | 001-37483 | 3.2 | March 20, 2017 |
| 4.1 | Indenture, dated as of October 9, 2015, between Hewlett Packard Enterprise Company and The Bank of New York Mellon Trust Company, N.A., as Trustee | 8-K | 001-37483 | 4.1 | October 13, 2015 |
| 4.2 | Fifth Supplemental Indenture, dated as of October 9, 2015, between Hewlett Packard Enterprise Company and The Bank of New York Mellon Trust Company, N.A., as Trustee, relating to Hewlett Packard Enterprise Company's 4.900% notes due 2025 | 8-K | 001-37483 | 4.6 | October 13, 2015 |
| 4.3 | Sixth Supplemental Indenture, dated as of October 9, 2015, between Hewlett Packard Enterprise Company and The Bank of New York Mellon Trust Company, N.A., as Trustee, relating to Hewlett Packard Enterprise Company's 6.200% notes due 2035 | 8-K | 001-37483 | 4.7 | October 13, 2015 |
| 4.4 | Seventh Supplemental Indenture, dated as of October 9, 2015, between Hewlett Packard Enterprise Company and The Bank of New York Mellon Trust Company, N.A., as Trustee, relating to Hewlett Packard Enterprise Company's 6.350% notes due 2045 | 8-K | 001-37483 | 4.8 | October 13, 2015 |
| 4.5 | Seventeenth Supplemental Indenture, dated as of July 17, 2020, between Hewlett Packard Enterprise Company and The Bank of New York Mellon Trust Company, N.A., as Trustee, relating to Hewlett Packard Enterprise Company's 1.450% notes due 2024 | 8-K | 001-37483 | 4.2 | July 17, 2020 |
| 4.6 | Eighteenth Supplemental Indenture, dated as of July 17, 2020, between Hewlett Packard Enterprise Company and The Bank of New York Mellon Trust Company, N.A., as Trustee, relating to Hewlett Packard Enterprise Company's 1.750% notes due 2026 | 8-K | 001-37483 | 4.3 | July 17, 2020 |
| 4.7 | Nineteenth Supplemental Indenture, dated as of March 21, 2023, between Hewlett Packard Enterprise Company and The Bank of New York Mellon Trust Company, N.A., as Trustee, relating to Hewlett Packard Enterprise Company’s 5.900% notes due 2024 | 8-K | 001-37483 | 4.2 | March 21, 2023 |
| 4.8 | Twentieth Supplemental Indenture, dated as of March 21, 2023, between Hewlett Packard Enterprise Company and The Bank of New York Mellon Trust Company, N.A., as Trustee, relating to Hewlett Packard Enterprise Company’s 6.102% notes due 2026 | 8-K | 001-37483 | 4.3 | March 21, 2023 |
| 4.9 | Twenty-First Supplemental Indenture, dated as of June 14, 2023, between Hewlett Packard Enterprise Company and The Bank of New York Mellon Trust Company, N.A., as Trustee, relating to Hewlett Packard Enterprise Company’s 5.250% notes due 2028 | 8-K | 001-37483 | 4.3 | June 14, 2023 |
| 4.10 | Registration Rights Agreement, dated as of October 9, 2015, by and among Hewlett Packard Enterprise Company, Hewlett-Packard Company, and the representatives of the initial purchasers of the Notes | 8-K | 001-37483 | 4.12 | October 13, 2015 |
| 4.11 | Form of Subordinated Indenture between Hewlett Packard Enterprise Company and The Bank of New York Mellon Trust Company, N.A., as Trustee | S-3ASR | 333-222102 | 4.5 | December 15, 2017 |
| 4.12 | Description of the Registrant's Securities Registered Pursuant to Section 12 of the Securities Exchange Act of 1934 | 10-K | 001-37483 | 4.12 | December 22, 2023 |
| 10.1 | Hewlett Packard Enterprise Company 2015 Stock Incentive Plan (amended and restated January 25, 2017)* | 8-K | 001-37483 | 10.1 | January 30, 2017 |
| 10.2 | Hewlett Packard Enterprise Company 2021 Stock Incentive Plan* | S-8 | 333-255839 | 4.4 | May 6, 2021 |
| 10.3 | Amendment No. 1 to the Hewlett Packard Enterprise Company 2021 Stock Incentive Plan* | S-8 | 333-265378 | 4.7 | June 2, 2022 |
| 10.4 | Amendment No. 2 to the Hewlett Packard Enterprise Company 2021 Stock Incentive Plan* | 8-K | 001-37483 | 10.1 | April 6, 2023 |
| 10.5 | Hewlett Packard Enterprise Severance and Long-Term Incentive Change in Control Plan for Executive Officers* | 10-12B/A | 001-37483 | 10.4 | September 28, 2015 |
| 10.6 | Hewlett Packard Enterprise Grandfathered Executive Deferred Compensation Plan* | S-8 | 333-207679 | 4.4 | October 30, 2015 |
| 10.7 | Form of Non-Qualified Stock Option Grant Agreement* | 8-K | 001-37483 | 10.4 | November 5, 2015 |
| 10.8 | Form of Performance-Contingent Non-Qualified Stock Option Grant Agreement* | 8-K | 001-37483 | 10.8 | November 5, 2015 |
| 10.9 | Form of Performance-Adjusted Restricted Stock Units Grant Agreement, as amended and restated effective January 1, 2016* | 10-Q | 001-37483 | 10.15 | March 10, 2016 |
| 10.10 | Description of Amendment to Equity Awards (incorporated by reference to Item 5.02 of the 8-K filed on May 26, 2016)* | 8-K | 001-37483 | 10.1 | May 26, 2016 |
| 10.11 | Niara, Inc. 2013 Equity Incentive Plan* | S-8 | 333-216481 | 4.3 | March 6, 2017 |
| 10.12 | SimpliVity Corporation 2009 Stock Plan* | S-8 | 333-217438 | 4.3 | April 24, 2017 |
| 10.13 | Silicon Graphics International Corp. 2005 Equity Incentive Plan, as amended* | 10-K | 000-51333 | 10.3 | September 10, 2012 |
| 10.14 | Cloud Technology Partners, Inc. 2011 Equity Incentive Plan* | S-8 | 333-221254 | 4.3 | November 1, 2017 |
| 10.15 | Amendment to the Cloud Technology Partners, Inc. 2011 Equity Incentive Plan* | S-8 | 333-221254 | 4.4 | November 1, 2017 |
| 10.16 | Plexxi Inc. 2011 Stock Plan* | S-8 | 333-226181 | 4.3 | July 16, 2018 |
| 10.17 | Hewlett Packard Enterprise Company 2015 Employee Stock Purchase Plan (as amended and restated on July 18, 2018, effective as of October 8, 2015) | 10-Q | 001-37483 | 10.29 | September 4, 2018 |
| 10.18 | Form of Restricted Stock Units Grant Agreement | 10-Q | 001-37483 | 10.30 | September 4, 2018 |
| 10.19 | Hewlett Packard Enterprise Executive Deferred Compensation Plan (as amended and restated December 1, 2018)* | 10-K | 001-37483 | 10.27 | December 12, 2018 |
| 10.20 | First Amendment to the Hewlett Packard Enterprise Company Severance and Long-Term Incentive Change in Control Plan for Executive Officers* | 10-K | 001-37483 | 10.29 | December 12, 2018 |
| 10.21 | BlueData Software Inc. 2012 Stock Incentive Plan* | S-8 | 333-229449 | 4.3 | January 31, 2019 |
| 10.22 | Cray Inc. 2013 Equity Incentive Plan (as amended and restated June 11, 2019)* | S-8 | 333-234033 | 4.3 | October 1, 2019 |
| 10.23 | Termination and Mutual Release Agreement dated as of October 30, 2019 by and between HP Inc. and Hewlett Packard Enterprise Company | 10-K | 001-37483 | 10.31 | December 13, 2019 |
| 10.24 | Aircraft Time Sharing Agreement, dated as of December 13, 2019, between Hewlett Packard Enterprise and Antonio Neri* | 10-Q | 001-37483 | 10.32 | March 9, 2020 |
| 10.25 | Silver Peak Systems, Inc. (fka Cheyenne Networks, Inc.) 2004 Stock Plan, as amended* | S-8 | 333-249731 | 4.3 | October 29, 2020 |
| 10.26 | Silver Peak Systems, Inc. 2014 Equity Incentive Plan, as amended* | S-8 | 333-249731 | 4.4 | October 29, 2020 |
| 10.27 | 2021 Stock Incentive Plan – Form of Restricted Stock Units Grant Agreement* | 10-K | 001-37483 | 10.30 | December 10, 2021 |
| 10.28 | 2021 Stock Incentive Plan – Form of Performance-Adjusted Restricted Stock Units Grant Agreement* | 10-K | 001-37483 | 10.31 | December 10, 2021 |
| 10.29 | Five-Year Credit Agreement dated as of December 10, 2021 among Hewlett Packard Enterprise Company, the Lenders Party Hereto, JPMorgan Chase Bank, N.A., as Administrative Processing Agent and Co-Administrative Agent and Citibank, N.A., as Co-Administrative Agent | 10-Q | 001-37483 | 10.33 | March 3, 2022 |
| 10.30 | 2021 Stock Incentive Plan - Form of Performance-Adjusted Restricted Stock Units Grant Agreement (for grants beginning December 2022)* | 10-K | 001-37483 | 10.31 | December 8, 2022 |
| 10.31 | 2021 Stock Incentive Plan - Form of Non-Employee Director Restricted Stock Units Grant Agreement (for grants beginning April 2023)* | 10-Q | 001-37483 | 10.32 | June 2, 2023 |
| 10.32 | OpsRamp, Inc. 2014 Equity Incentive Plan* | 10-Q | 001-37483 | 10.33 | June 2, 2023 |
| 10.33 | Put Share Purchase Agreement, dated May 26, 2023, among H3C Holdings Limited, Izar Holding Co., and Unisplendour International Technology Limited (portions omitted pursuant to Regulation S-K Item 601(b)(10)(iv)) | 10-Q | 001-37483 | 10.34 | June 2, 2023 |
| 10.34 | 2021 Stock Incentive Plan - Form of Restricted Stock Units Grant Agreement (for grants beginning December 2023)* | 10-K | 001-37483 | 10.34 | December 22, 2023 |
| 10.35 | 2021 Stock Incentive Plan - Form of Performance-Adjusted Restricted Stock Units Grant Agreement (for grants beginning December 2023)* | 10-K | 001-37483 | 10.35 | December 22, 2023 |
| 31.1 | Certification of Chief Executive Officer pursuant to Rule 13a- 14(a) and Rule 15d-14(a) of the Securities Exchange Act of 1934, as amended‡ | ||||
| 31.2 | Certification of Chief Financial Officer pursuant to Rule 13a- 14(a) and Rule 15d-14(a) of the Securities Exchange Act of 1934, as amended‡ | ||||
| 32 | Certification of Chief Executive Officer and Chief Financial Officer pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002† | ||||
| 101.INS | Inline XBRL Instance Document‡ | ||||
| 101.SCH | Inline XBRL Taxonomy Extension Schema Document‡ | ||||
| 101.CAL | Inline XBRL Taxonomy Extension Calculation Linkbase Document‡ | ||||
| 101.DEF | Inline XBRL Taxonomy Extension Definition Linkbase Document‡ | ||||
| 101.LAB | Inline XBRL Taxonomy Extension Label Linkbase Document‡ | ||||
| 101.PRE | Inline XBRL Taxonomy Extension Presentation Linkbase Document‡ | ||||
| 104 | Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101) | ||||
- Indicates management contract or compensation plan, contract or arrangement
‡ Filed herewith
† Furnished herewith
The registrant agrees to furnish to the Commission supplementally upon request a copy of any instrument with respect to long-term debt not filed herewith as to which the total amount of securities authorized thereunder does not exceed 10% of the total assets of the registrant and its subsidiaries on a consolidated basis.
The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.