Adobe 2009 Annual Report Download - page 47

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47
Location
Approximate
Square
Footage
Use
Japan:
Gate City Ohsaki East Tower
1-11-2 Osaki, Shinagawa-ku
Tokyo
56,000
Product development, sales and marketing
China:
Block A, SP Tower, 21st & 22nd Floor
Block D, SP Tower, 10th Floor
Tsinghua Science Park, Yard 1
Zhongguancun Donglu, Haidian District
Beijing
77,000
Research and product development
Germany:
Grosse Elbstrasse 27
Hamburg 22767
36,000
Research and product development
Romania:
26 Z Timisoara Blvd, Anchor Plaza
Lujerului, Sector 6
Bucharest
44,000
Research and product development
UK:
3 Roundwood Avenue
Stockley Park, Heathrow
22,000
Product development, sales, marketing and administration
_________________________________________
* The total square footage is 346,000, of which we occupy 272,000 square feet, or approximately 79% of this facility;
74,000 square feet is unoccupied basement space.
** The total square footage is 61,000, of which we occupy 21,000 square feet, or approximately 34% of this facility. The
remaining square footage is subleased.
*** The total square footage is 63,000, of which we occupy 49,000 square feet, or approximately 78% of this facility. The
remaining square footage is subleased.
In general, all facilities are in good condition and are operating at an average capacity of approximately 80%.
ITEM 3. LEGAL PROCEEDINGS
On September 23, 2009, Richard Miner on behalf of himself and all similarly situated stockholders of Omniture, Inc.
filed a class action lawsuit captioned Miner v. Omniture, Inc., et. al., Case No. 090403559 (the “Miner Lawsuit”) against
Omniture, the members of Omniture’s board of directors (collectively, the “Omniture Defendants”) and Adobe in the United
States Fourth Judicial District Court for Utah County, Provo Department, State of Utah seeking to enjoin the proposed
acquisition between Omniture and Adobe. In the event the acquisition is consummated, the plaintiff seeks to recover an
unspecified amount of damages. The plaintiff alleges that the members of Omniture’s board of directors breached their
fiduciary duties to Omniture’s stockholders by failing to seek the highest possible price for Omniture and that Adobe induced
or aided and abetted in the alleged breach of such fiduciary duties. Also on September 23, 2009, Christopher R. Barrell filed
a substantially similar lawsuit to the Miner Lawsuit in the United States Fourth Judicial District Court for Utah County,
Provo Department, State of Utah, captioned Barrell v. Omniture, Inc. et. al., Case No. 090403560 (the “Barrell Lawsuit”).
The Barrell Lawsuit names the same defendants as the Miner Lawsuit, and also names Snowbird Acquisition Corporation as
an additional defendant. Subsequently, on September 24, 2009, the plaintiff in the Barrell Lawsuit filed an amended
complaint, which added allegations that the Schedule 14D-9 Solicitation/Recommendation Statement filed by Omniture on
September 24, 2009 contained inadequate disclosures and was materially misleading. On September 25, 2009, the Omniture
Defendants filed a motion requesting that the court consolidate the Barrell Lawsuit, Miner Lawsuit and a substantially similar