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 31, 2008
HEARTWARE LIMITED
(Exact name of registrant as specified in its charter)
| State of Victoria, Australia | 000-52595 | 98-0498958 | ||
| (State or other Jurisdiction of Incorporation) | (Commission File Number) | (IRS Employer Identification No.) |
| Level 57 MLC Centre 19-29 Martin Place Sydney NSW 2000 Australia | ||
| (Address of Principal Executive Offices) | (Zip Code) |
Registrant’s telephone number, including area code:+61 2 9238 2064
| (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:
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))
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Item 2.02 Results of Operations and Financial Condition
On October 31, 2008, the Company filed its Quarterly Update including Appendix 4C (“Quarterly Report”) for the three months and nine months ended September 30, 2008 with the Australian Securities Exchange.
The Quarterly Report includes a statement of cash flows prepared in Australian dollars pursuant to Australian Accounting Standards (“AAS”) and otherwise in compliance with the requirements of Australian law and the ASX Listing Rules. There are no material differences with accounting principles generally accepted in the United States (“US GAAP”).
Cash on hand at September 30, 2008 as reported in the Quarterly Report was AU$39.3 million. Cash on hand at September 30, 2008 on a US equivalent basis was US$31.4 million.
Item 7.01 Regulation FD Disclosure
See Item 2.02 above
Item 9.01 Financial Statements and Exhibits
Exhibit 99.01 Australian Quarterly Report for the period ended September 30, 2008.
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.
| HeartWare Limited | ||||
| Date: October 31, 2008 | By: | /s/ David McIntyre | ||
| Name: David McIntyre | ||||
| Title: Chief Financial Officer and Chief Business Officer | ||||
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