UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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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 7, 2004
BMC SOFTWARE, INC.
(Exact Name of Registrant as Specified in Its Charter)
DELAWARE 001-16393 74-2126120
(State of Incorporation) (Commission File Number) (I.R.S. Employer
Identification Number)
2101 CITYWEST BLVD.
HOUSTON, TEXAS 77042-2827
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (713) 918-8800
ITEM 7. Financial Statements and Exhibits.
(c) The following exhibit is being furnished herewith:
99 News Release, dated July 7, 2004, of BMC Software, Inc.
ITEM 12. Results of Operations and Financial Condition.
On July 7, 2004, BMC Software, Inc. (the "Company") issued a press
release announcing preliminary results for its fiscal first quarter ended June
30, 2004. A copy of the press release, dated as of July 7, 2004, is furnished as
Exhibit 99 to this Current Report.
The information in this Current Report, including the exhibit hereto,
shall not be deemed to be "filed" for purposes of Section 18 of the Securities
Exchange Act of 1934, as amended, or otherwise subject to the liabilities of
that section. The information contained herein and in the accompanying exhibit
shall not be incorporated by reference into any registration statement or other
document filed with the Securities and Exchange Commission by the Company,
whether made before or after the date hereof, regardless of any general
incorporation language in such filing, except as shall be expressly set forth by
specific reference in such filing.
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SIGNATURE
Pursuant to the requirements of Section 12 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.
Dated: July 7, 2004
BMC SOFTWARE, INC.
By: /s/ ROBERT H. WHILDEN, JR.
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Robert H. Whilden, Jr.
Senior Vice President, General
Counsel and Secretary
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EXHIBIT INDEX
Exhibit No.
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99 News Release, dated July 7, 2004, of BMC Software, Inc.
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