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): November 17, 2008
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 7.01 Regulation FD Disclosure
On November 17, 2008, the Company announced revised earnings guidance for the fiscal year ending December 31, 2008. A copy of the press release is included herewith as Exhibit 99.1.
Item 8.01 Other Events
On November 11, 2008, Yahoo! Inc (“Yahoo!”) informed the Company that it intends to breach the two-year License and Distribution Agreement (the “Agreement”) entered into between the Company and Yahoo! on September 27, 2007 and to discontinue making payments required under the Agreement. As a result, the Company has filed a lawsuit in California Superior Court in Santa Clara County seeking damages from Yahoo! and specific performance under the Agreement.
Item 9.01 Financial Statements and Exhibits.
| 99.1 | Press release of DivX, Inc. dated November 17, 2008. |
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. |
| | | |
| Dated: November 17, 2008 | | | | By: | | /s/ DAN L. HALVORSON |
| | | | | | Name: | | Dan L. Halvorson |
| | | | | | Title: | | Executive Vice President and Chief Financial Officer |
INDEX TO EXHIBITS
| | |
Exhibit Number | | Description |
| 99.1 | | Press release of DivX, Inc. dated November 17, 2008. |
