1 - -------------------------------------------------------------------------------- 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): APRIL 5, 2000 VA LINUX SYSTEMS, INC. - -------------------------------------------------------------------------------- (EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER) DELAWARE 000-28369 77-0399299 (STATE OR OTHER JURISDICTION OF (COMMISSION FILE NUMBER) (I.R.S. EMPLOYER IDENTIFICATION NO.) INCORPORATION OR ORGANIZATION) 1382 BORDEAUX DRIVE SUNNYVALE, CALIFORNIA 94089 - -------------------------------------------------------------------------------- (ADDRESS, INCLUDING ZIP CODE, OF PRINCIPAL EXECUTIVE OFFICES) REGISTRANT'S TELEPHONE NUMBER, INCLUDING AREA CODE: (408) 542-8600 NOT APPLICABLE - -------------------------------------------------------------------------------- (FORMER NAME OR FORMER ADDRESS, IF CHANGED SINCE LAST REPORT) 2 ITEM 2. ACQUISITION OR DISPOSITION OF ASSETS. On April 5, 2000, VA Linux closed its acquisition of Net Attach, Inc., a California corporation ("Net Attach"). Pursuant to an Agreement and Plan of Reorganization (the "Agreement"), between VA Linux, South Acquisition Corporation, a California corporation and a wholly owned subsidiary of VA Linux ("Sub"), and Net Attach, dated as of March 15, 2000, Net Attach merged with and into Sub, and Sub continued as the surviving corporation (the "Merger"). Pursuant to the Agreement, VA Linux exchanged approximately $40,000,000.00 in cash and stock for all the outstanding stock of Net Attach. The Merger is intended to qualify as a reorganization under Section 368(a) of the Internal Revenue Code of 1986, as amended. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS. (a) The financial statements are unavailable as of the date of this filing. Such information will be filed on or before the sixtieth day following the filing date of this Current Report on Form 8-K. (b) The pro forma financial information is unavailable as of the date of this filing. Such information will be filed on or before the sixtieth day following the filing date of this Current Report on Form 8-K. (c) Exhibits 99.5 Agreement and Plan of Reorganization dated as of March 15, 2000. 2 3 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. VA LINUX SYSTEMS, INC. a Delaware corporation Dated: April 12, 2000 By: /s/ Larry M. Augustin --------------------------- Larry M. Augustin President and Chief Executive Officer 3 4 EXHIBIT INDEX Exhibit Number Description - -------------- ----------- 99.5 Agreement and Plan of Reorganization dated as of March 15, 2000. 4