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): July 26, 2007 FALCONSTOR SOFTWARE, INC. (Exact name of registrant as specified in its charter) FALCONSTOR SOFTWARE, INC. - -------------------------------------------------------------------------------- (Exact name of registrant as specified in its charter) Delaware 0-23970 77-0216135 - -------------------------------------------------------------------------------- (State or other (Commission (IRS Employer jurisdiction of incorporation) File Number) Identification No.) 2 Huntington Quadrangle, Melville, New York 11747 - -------------------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code: 631-777-5188 - -------------------------------------------------------------------------------- (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 (SEE General Instruction A.2. below): |_| Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |_| Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |_| Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))Item 2.02. Results of Operations and Financial Condition On July 26, 2007, the Company issued a press release announcing its results of operations for the fiscal quarter ended June 30, 2007. The text of a press release issued by the Company is furnished as Exhibit 99.1 and is incorporated herein by reference. Item 7.01 Regulation FD Disclosure The Company will state during its second quarter 2007 earnings conference call that it expects that revenues for the full year 2007 will be on the high end of the previously announced range of $72-$75 million and that it expects that earnings per share will be on the high end of the previously announced range of $0.25 - $ 0.30. The earnings per share estimate excludes stock option expense. Item 9.01. Financial Statements and Exhibits (c) Exhibits Exhibit Number Description -------------- ----------- 99.1 Press release of the Company dated July 26, 2007. 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: July 26, 2007 By: /s/ James Weber ----------------------- Name: James Weber Title: Chief Financial Officer and Vice President 2
Falconstor Software (FALC) 8-KResults of Operations and Financial Condition
Filed: 26 Jul 07, 12:00am