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): October 22, 2004
CoSine Communications, Inc.
(Exact name of registrant as specified in its charter)
| | | | | |
| Delaware | | 000-30715 | | 94-3280301 |
| |
| |
|
(State or other jurisdiction
of incorporation) | | (Commission File
Number) | | (IRS Employer
Identification No.) |
| | | |
1200 Bridge Parkway,
Redwood City, California | | 94065 |
| |
|
| (Address of principal executive offices) | | (Zip Code) |
Registrant’s Telephone Number Including Area Code:(650) 637-4777
Not Applicable
(Former name or former address, if changes 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) |
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| o | | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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| o | | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
TABLE OF CONTENTS
Item 1.02 Termination of a Material Definitive Agreement.
On October 22, 2004, CoSine Communications, Inc. (the “Company”) signed an agreement for early termination of its lease for the Company’s headquarters facility in Redwood City, California. Pursuant to the agreement, the lease will be terminated on December 31, 2004, as compared to the prior termination date of December 31, 2011, resulting in a $16,576,358.40 reduction in rental obligations. The Company has paid an early termination fee of $4,130,464.40, which includes prepaid rent through December 31, 2004 and compensation for costs to restore the premises. In addition, the Company has waived its rights to recover a lease deposit of $420,940.80 and has tendered certain furniture and office equipment with an estimated value of less than $50,000.
The Company will take a charge in the quarter ending December 31, 2004 for this early termination of its lease.
Item 9.01 Financial Statements and Exhibits.
(c) Exhibits.
| | | |
| Exhibit | | |
No.
| | Description
|
| 10.1 | | Amendment No. 4 to Lease, executed on October 22, 2004 |
| 10.2 | | Bill of Sale, executed on October 22, 2004 |
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, thereunto duly authorized.
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| Date: October 26, 2004 | COSINE COMMUNICATIONS, INC.
| |
| | By: | /s/ Terry Gibson | |
| | | Terry Gibson | |
| | | Executive Vice President, Chief Financial Officer and Secretary | |
| |
INDEX TO EXHIBITS
| | | |
| Exhibit | | |
No.
| | Description
|
| 10.1 | | Amendment No. 4 to Lease, executed on October 22, 2004 |
| 10.2 | | Bill of Sale, executed on October 22, 2004 |
