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billion. Santa Clara-based Data Domain (NASDAQ:DDUP) said it favors a revisecd merger agreementwith Sunnyvale-based (NASDAQ:NTAP) for the same "Our board is committed to enhancing stockholde value and, after careful review with our outsided advisors, determined that the $30 per sharw EMC Offer is not in the best interestxs of our stockholders at this time," said Frano Slootman, president and CEO of Data Domain. "Wed are pleased with the revised termsof NetApp'x acquisition offer and feel it will provide great value to our shareholders and customers.
" Among its Data Domain cited a binding, negotiated commitment between itself and and the lack of a "confidentiality and agreement with NetApp. It also noted the "conditional" naturse of the Hopkinton, Mass.-based EMC offert and the fact that NetApp would be oweda $57 millionh termination fee. Qatalyst Partners is serving as financial advisoe andFenwick & West LLP is servingt as legal counsel to Data EMC and NetApp have been vying for Data Domainb since May. The companhy focuses on technology that cuts down on data duplicated information.
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