SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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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, 2002
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FALCONSTOR SOFTWARE, INC.
(Exact name of registrant as specified in its charter)
Delaware 0-23970 77-0216135
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(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
125 Baylis Road, Melville, New York 11747
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Address of principal executive offices
Registrant's telephone number, including area code: 631-777-5188
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(Former name or former address, if changed since last report.)
Item 5. Other Events.
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On October 24, 2002, FalconStor Software, Inc. (the "Company")
issued a press release announcing, among other things, that holders owning
approximately 26.7 million shares of Common Stock of the Company had agreed to
extend the lock-up of their stock from April 30, 2003 to April 30, 2004. In
return, the Company has agreed to release from the lock-up, on a schedule set
forth in the amended lock-up agreement, up to 80,000 shares of Common Stock held
by each stockholder who agreed to this extension. The release does not apply to
certain stockholders who own approximately 22.5 million shares of Common Stock.
The text of the press release is attached hereto as Exhibit 99.1 and
incorporated herein by reference. The form of the amended FalconStor Software,
Inc., Lock-Up Agreement is attached hereto as Exhibit 99.2.
Item 7. Financial Statements, Pro Forma Financial Information and Exhibits.
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(c) Exhibits.
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99.1 Press release of the Company dated October 24, 2002.
99.2 FalconStor Software, Inc., Lock-Up Agreement as amended.
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 hereunto duly authorized.
FALCONSTOR SOFTWARE, INC.
Dated: October 24, 2002 By:/s/ Jacob Ferng
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Name: Jacob Ferng
Title: Vice President and Chief
Financial Officer
FalconStor Software (FALC)
Filed: 25 Oct 02, 12:00am