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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): November 6, 2003
VA SOFTWARE CORPORATION
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(Exact name of Registrant as specified in its charter)
Delaware 000-28369 77-0399299
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(State or other jurisdiction of (Commission File Number) (I.R.S. Employer
incorporation or organization) Identification Number)
47071 Bayside Parkway
Fremont, California 94538
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(Address, including zip code, of principal executive offices)
Registrant's telephone number, including area code:
(510) 687-7000
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(Former name or former address, if changed since last report)
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Item 5. Other Events and Regulation FD Disclosure.
On November 6, 2003, VA Software Corporation completed a private
placement of its common stock and warrants to purchase shares of its common
stock. A press release announcing the foregoing sale of securities was issued by
VA Software Corporation on November 6, 2003. The foregoing press release and the
forms of documents entered into in connection with the offering are filed as
exhibits to this Current Report on Form 8-K.
Item 7. Financial Statements and Exhibits.
(c) The following exhibits are filed as part of this Current Report on
Form 8-K:
Exhibit
Number Description
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4.1 Form of Warrant for the Purchase of Shares of Common Stock, dated
November 6, 2003, issued to the Buyer by VA Software Corporation.
10.1 Form of Securities Purchase Agreement, dated as of November 6,
2003, entered into by and among VA Software Corporation and the
Buyer.
10.2 Form of Registration Rights Agreement, dated as of November 6,
2003, entered into by and among VA Software Corporation and the
Buyer.
99.1 Press release regarding completion of private placement issued
November 6, 2003.
SIGNATURES
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 SOFTWARE CORPORATION.
a Delaware corporation
Dated: November 7, 2003 By: /s/ Kathleen R. McElwee
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Kathleen R. McElwee
Vice President and Chief Financial Officer
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Exhibit Index
Exhibit
Number Description
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4.1 Form of Warrant for the Purchase of Shares of Common Stock, dated
November 6, 2003, issued to the Buyer by VA Software Corporation.
10.1 Form of Securities Purchase Agreement, dated as of November 6,
2003, entered into by and among VA Software Corporation and the
Buyer.
10.2 Form of Registration Rights Agreement, dated as of November 6,
2003, entered into by and among VA Software Corporation and the
Buyer.
99.1 Press release regarding completion of private placement issued
November 6, 2003.
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