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, 2002 ---------------- FALCONSTOR SOFTWARE, INC. (Exact name of registrant as specified in its charter) Delaware 0-23970 77-0216135 - -------------------------------------------------------------------------------- (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 125 Baylis Road, Melville, New York 11747 ----------------------------------------- Address of principal executive offices Registrant's telephone number, including area code: 631-777-5188 ------------ ------------------------------------------------------ (Former name or former address, if changed since last report.)Item 5. Other Events. ------------- 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. ------------------------------------------------------------------- (c) Exhibits. --------- 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 --------------------------------- Name: Jacob Ferng Title: Vice President and Chief Financial Officer
FalconStor Software (FALC) 8-KOther events
Filed: 25 Oct 02, 12:00am