UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 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 24, 2007
DivX, Inc.
(Exact name of registrant as specified in its charter)
| | | | |
| Delaware | | 001-33029 | | 33-0921758 |
(State or other jurisdiction of incorporation) | | (Commission File Number) | | (I.R.S. Employer Identification No.) |
| | |
4780 Eastgate Mall San Diego, California | | 92121 |
| (Address of principal executive offices) | | (Zip Code) |
Registrant’s telephone number, including area code: (858) 882-0600
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 1.01 | Entry into a Material Definitive Agreement. |
On October 24, 2007, DivX, Inc. (the“Company”) entered into an Amendment (the“Amendment”) to the Google Toolbar and Google Deskbar Promotion and Distribution Agreement, as amended (the“Agreement”), between the Company and Google, Inc. (“Google”).
The Amendment modifies the cap on the maximum amounts payable by Google to the Company under the Agreement and limits payments during November 2007 to certain installations occurring in such month. The Amendment also amends the exclusivity provisions under the Agreement during November 2007. In addition, the Amendment provides that the Agreement will terminate on November 30, 2007.
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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| | | | DIVX, INC. |
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| Dated: October 30, 2007 | | | | By: | | /s/ Dan Halvorson |
| | | | Name: | | Dan Halvorson |
| | | | Title: | | Executive Vice President and Chief Financial Officer |
