UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K/A
Current Report
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): June 9, 2009
AboveNet, Inc.
(Exact name of registrant as specified in its charter)
| Delaware | 000-23269 | 11-3168327 |
| (State or other jurisdiction of incorporation) | (Commission File Number) | (IRS Employer Identification No.) |
| 360 Hamilton Avenue | |
| White Plains, New York | 10601 |
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code: (914) 421-6700
(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))
| Item 7.01. | Regulation FD Disclosure |
This Current Report on Form 8-K/A amends the Current Report on Form 8-K/A of AboveNet, Inc. (the “Company”) dated June 9, 2009 (the “June 9 Form 8-K/A”) to replace slide 30 of the Company’s slide presentation filed as Exhibit 99.2 to the June 9 Form 8-K/A. Replacement slide 30 (“Replacement Slide 30”), which is being furnished as Exhibit 99.2 hereto, corrects certain clerical errors reflected on slide 30 of the slide presentation furnished as Exhibit 99.2 to the June 9 Form 8-K/A with respect to the Company’s Operating Income, Adjusted EBITDA and Adjusted EBITDA Margin for the three months ended December 31, 2008, which had been correctly reported on March 16, 2009. The slide presentation from the Company’s May 12, 2009 earnings conference call that was posted on the investor relations portion of the Company’s website, http://investors.above.net, has been updated to include Replacement Slide 30.
Replacement Slide 30 is furnished and shall not be deemed to be “filed” for purposes of the Securities Exchange Act of 1934 (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.
| Item 9.01. | Financial Statements and Exhibits |
(d) Exhibits.
| Exhibit No. | | Description of the Exhibit |
| | | |
| 99.2 | | Replacement Slide 30 |
SIGNATURE
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.
| | | ABOVENET, INC. |
| | | | |
| Date: June 10, 2009 | By: | /s/ Robert Sokota | |
| | | Robert Sokota |
| | | Senior Vice President and General Counsel |
EXHIBIT INDEX
| Exhibit No. | | Description of the Exhibit |
| | | |
| 99.2 | | Replacement Slide 30 |
