UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 8-K
CURRENT REPORT PURSUANT
TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of Earliest Event Reported): July 28, 2008
Electronic Data Systems Corporation
(Exact name of registrant as specified in its charter)
| Delaware | ||
| (State or Other Jurisdiction of Incorporation) | ||
| 01-11779 | 75-2548221 | |
| (Commission File Number) | (IRS Employer Identification No. |
| 5400 Legacy Drive, Plano, Texas | 75024 | |
| (Address of Principal Executive Offices) | (Zip Code) |
| (972) 604-6000 |
| Registrant's telephone number, including area code |
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Section 2 -Financial Information
Item 2.02 Results of Operations and Financial Condition
EDS' news release dated July 28, 2008, regarding its financial results for the three months ended June 30, 2008, is furnished as Exhibit 99.1 hereto and incorporated by reference in this Item 2.02.
The information in this Item 2.02 shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such filing.
Section 9 - Financial Statements and Exhibits
Item 9.01 Financial Statements and Exhibits
(d) The following exhibit is furnished as part of this Current Report on Form 8-K:
99.1. EDS' news release dated April 24, 2008 (furnished pursuant to Item 2.02).
"Safe Harbor" Statement under the Private Securities Litigation Reform Act of 1995: The statements in this 8-K that are not historical statements, including statements regarding forecasted revenue, earnings per share, adjusted earnings per share, free cash flow and total contract value of new business signings, are forward-looking statements within the meaning of the federal securities laws. These statements are subject to numerous risks and uncertainties, many of which are beyond EDS' control, which could cause actual results to differ materially from such statements. These include, but are not limited to, the performance of current and future client contracts in accordance with our cost, revenue and cash flow estimates, including our ability to achieve any operational efficiencies in our estimates; for contracts with U.S. Federal government clients, including our NMCI contract, the government's ability to cancel the contract or impose additional terms and conditions due to changes in government funding, deployment schedules, military action or otherwise; our ability to access the capital markets, including our ability to obtain capital leases, surety bonds and letters of credit; the impact of rating agency actions on our ability to access capital and our cost of capital; the impact of third-party benchmarking provisions in certain client contracts; the impact on a historical and prospective basis of accounting rules and pronouncements; the impact of claims, litigation and governmental investigations; the success of our cost-cutting initiatives and the timing and amount of any resulting benefits; the impact of acquisitions and divestitures; a reduction in the carrying value of our assets; the impact of a bankruptcy or financial difficulty of a significant client on the financial and other terms of our agreements with that client; with respect to the funding of pension plan obligations, the performance of our investments relative to our assumed rate of return; changes in tax laws and interpretations and failure to obtain treaty relief from double taxation; failure to obtain or protect intellectual property rights; fluctuations in foreign currency, exchange rates and interest rates; the impact of competition on pricing, revenues and margins; and the degree to which third parties continue to outsource IT and business processes.
For a more detailed discussion of these and other factors, see "Risk Factors" in Item 1A to Part I of EDS' Form 10-K for the year ended December 31, 2007. The forward-looking statements included in this Form 8-K are made only as of the date of this Form 8-K and EDS disclaims any intention or obligation to update or revise any forward-looking statements whether as a result of new information, future events or otherwise, except as may be required by law.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
ELECTRONIC DATA SYSTEMS CORPORATION
July 28, 2008 By: /S/ RONALD P. VARGO
Ronald P. Vargo, Executive Vice President and
Chief Financial Officer
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