SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 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 25, 2007 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.) 2 Huntington Quadrangle, 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.) 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 October 25, 2007, the Company issued a press release announcing its results of operations for the fiscal quarter ended September 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 third quarter 2007 earnings conference call that it is continuing its policy of not providing quarterly earnings guidance but that it is still comfortable with the guidance it provided on July 26, 2007 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 is before taxes and excludes stock-based compensation expense. Item 9.01. Financial Statements and Exhibits (c) Exhibits Exhibit Number Description -------------- ----------- 99.1 Press release of the Company dated October 25, 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: October 25, 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: 25 Oct 07, 12:00am