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
