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)
April 15, 2009
_______________________________________________
AVISTAR COMMUNICATIONS CORPORATION
(Exact name of registrant as specified in its charter)
| Delaware | | 000-31121 | | 88-0463156 |
| (State or other jurisdiction of incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) |
1875 S. Grant Street, 10 th Floor
San Mateo, California 94402
(Address of principal executive offices, including zip code)
(650) 525-3300
(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):
| | [ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| | [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| | [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| | [ ] 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
On April 16, 2009, Avistar Communications Corporation issued a press release discussing its financial performance for the first quarter of 2009. A copy of the press release is attached hereto as Exhibit 99.1.
The information in this Form 8-K and the exhibit attached hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, regardless of any general incorporation language in such filing.
Item 5.02 -- Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
(c) Appointment of Principal Financial Officer
On April 15, 2009, the Board of Directors of Avistar Communications Corporation promoted Mr. Elias MurrayMetzger from the position of Acting Chief Financial Officer to the position of Chief Financial Officer, effective immediately. Mr. MurrayMetzger was appointed as Acting Chief Financial Officer and Corporate Secretary in January 2009.
(e) Compensatory Arrangements with Certain Officers
On April 15, 2009, the Compensation Committee of Avistar Communications Corporation approved an increase in the annual salary for Mr. Elias MurrayMetzger from $167,813 to $187,813, effective immediately.
Item 9.01. Financial Statements and Exhibits
(d) Exhibits.
| Exhibit No. | | Description |
| | | |
| 99.1 | | Press Release of Avistar Communications Corporation dated April 16, 2009 |
| | | |
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.
| | | AVISTAR COMMUNICATIONS CORPORATION |
| | | |
| | By: | /s/ Elias A. MurrayMetzger | |
| | | Elias A. MurrayMetzger Chief Financial Officer |
Date: April 16, 2009
EXHIBIT INDEX
| Exhibit No. | | Description |
| | | |
| 99.1 | | Press Release of Avistar Communications Corporation dated April 16, 2009 |
| | | |
