UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K/A
(Amendment No. 1)
CURRENT REPORT
Pursuant To Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): January 19, 2007
BIOMET, INC.
(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)
Indiana |
| 0-12515 |
| 35-1418342 |
(State or other jurisdiction of incorporation) |
| (Commission File Number) |
| (IRS Employer Identification No.) |
56 East Bell Drive
Warsaw, Indiana 46582
(Address of Principal Executive Offices, Including Zip Code)
(574) 267-6639
(Registrant’s Telephone Number, Including Area Code)
Not Applicable
(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))
Explanatory Note
This Amendment No. 1 to the Current Report on Form 8-K filed on January 19, 2007 (the “Initial Form 8-K”) is filed by Biomet, Inc. (“Biomet”) to amend and restate in its entirety the preliminary unaudited consolidated financial statements and related preliminary disclosures furnished as Exhibit 99.1 to the Initial Form 8-K. On March 30, 2007, Biomet publicly disclosed that Biomet’s previously issued financial statements and any related reports of its independent registered public accounting firm should not be relied upon. As a result of this disclosure, Biomet has revised Exhibit 99.1 to the Initial Form 8-K to clarify that the:
· preliminary consolidated balance sheets at May 31, 2006,
· preliminary consolidated statements of income for the three and six months ended November 30, 2005, and
· preliminary consolidated statements of cash flow for the six months ended November 30, 2005,
should no longer be relied upon. See, Current Report on Form 8-K filed by Biomet on March 30, 2007.
No attempt has been made in this Form 8-K/A to modify or update the disclosures or financial statements in the Initial Form 8-K except as described above. This Form 8-K/A continues to describe conditions as of the date of Initial Form 8-K, and the disclosures and financial statements contained herein have not been updated to reflect events, results or developments that occurred after the Initial Form 8-K, or to modify or update those disclosures or financial statements affected by subsequent events (other than as described above). Among other things, forward-looking statements made in the Initial Form 8-K have not been revised to reflect events, results or developments that occurred or facts that became known to Biomet after the date of the Initial Form 8-K, and such forward-looking statements should be read in conjunction with Biomet’s filings with the SEC subsequent to the filing of the Initial Form 8-K.
The preliminary unaudited consolidated financial statements and related preliminary disclosures furnished as Exhibit 99.1 will be superseded by Biomet’s Quarterly Report on Form 10-Q for the period ended November 30, 2006, when filed by Biomet with the Securities and Exchange Commission.
2
Item 9.01. Financial Statements and Exhibits.
Exhibit No. |
| Document |
|
3.1 |
| Articles of Amendment to the Amended Articles of Incorporation filed January 19, 2007 (Filed with Initial Form 8-K). |
|
|
|
|
|
99.1 |
| Preliminary Quarterly Report for the Period Ended November 30, 2006 (Revised as of April 20, 2007). |
|
3
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused Amendment No. 1 to this report to be signed on its behalf by the undersigned hereunto duly authorized.
| BIOMET, INC. | |
|
| |
|
| |
| /s/ Bradley J. Tandy |
|
| By: Bradley J. Tandy | |
| Its: Senior Vice President, Acting | |
Date: April 20, 2007
4