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): May 1, 2013
EARTHLINK, INC.
(Exact Name of Registrant as Specified in Its Charter)
Delaware (State of Incorporation) | | 001-15605 (Commission File Number) | | 58-2511877 (I.R.S. Employer Identification No.) |
1375 Peachtree St., Atlanta, Georgia 30309
(Address of principal executive offices) (Zip Code)
(404) 815-0770
(Registrant’s telephone number, including area code)
(Former name, former address and former fiscal year, if changed since last report date)
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:
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 2.02 Results of Operations and Financial Condition
This Amendment No. 1 on Form 8-K/A amends the information furnished by EarthLink, Inc. (the “Company”) in the Current Report on Form 8-K on May 2, 2013 (the “Original 8-K”) solely to correct clerical errors in the table titled “Reconciliation of Net Cash Flows from Operating Activities to Unlevered Free Cash Flow” in each of the press release and the presentation regarding financial results and guidance attached as Exhibit 99.1 and 99.2 to the Original 8-K, respectively. Copies of the press release and presentation regarding financial results and guidance, revised to correct these errors are attached hereto as Exhibits 99.1 and 99.2, respectively.
In accordance with General Instruction B.2 of Form 8-K, the information furnished in Item 2.02 of this Current Report on Form 8-K and in Exhibit 99.1 attached hereto shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section, 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 a filing.
Item 7.01 Regulation FD Disclosure
The information set forth in Item 2.02 is incorporated herein by reference.
In accordance with General Instruction B.2 of Form 8-K, the information furnished in Item 7.01 of this Current Report on Form 8-K and in Exhibits 99.2 attached hereto shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section, 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 a filing.
Item 9.01. Financial Statements and Exhibits
(d) Exhibits
Exhibit No. | | Description |
99.1 | | Press release dated May 2, 2013 |
| | |
99.2 | | Presentation regarding financial results and guidance |
2
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.
| EARTHLINK, INC. |
| (Registrant) |
| |
| |
| By: | /s/ Bradley A. Ferguson |
| Name: | Bradley A. Ferguson |
| Title: | Executive Vice President, Chief Financial Officer |
| | |
| |
Date: May 3, 2013 | |
3
EXHIBIT INDEX
Exhibit No. | | Description |
99.1 | | Press release dated May 2, 2013 |
| | |
99.2 | | Presentation regarding financial results and guidance |
4