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): September 1, 2004
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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.)
2 Huntington Quadrangle, 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 1.01 Entry Into A Material Definitive Agreement
On September 1, 2004, the Company entered into an Amended and
Restated Employment Agreement (the "Employment Agreement") with ReiJane Huai,
President and Chief Executive Officer of the Company.
The Employment Agreement is for a term that ends on December 31,
2008 and provides for a base salary of $275,000, with bonuses available based on
the Company's performance.
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: September 1, 2004 By: /s/ James Weber
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Name: James Weber
Title: Chief Financial Officer
and Vice President
