================================================================================
UNITED STATES
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 28, 2004
BINDVIEW DEVELOPMENT CORPORATION
(Exact name of registrant as specified in charter)
TEXAS 000-24677 76-0306721
(State of Incorporation) (Commission File No.) (I.R.S. Employer Identification No.)
5151 SAN FELIPE, 25TH FLOOR
HOUSTON, TEXAS 77056
(Address of Principal Executive Offices) (Zip Code)
REGISTRANT'S TELEPHONE NUMBER, INCLUDING AREA CODE: (713) 561-4000
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 Security 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 28, 2004, BindView Development Corporation ("BindView") issued
a press release announcing, among other things, revision of its estimated
operating results for the quarter ended September 30, 2004. A copy of the press
release is furnished as Exhibit 99.1 to this Current Report on Form 8-K. The
foregoing description is qualified by reference to such exhibit.
The information furnished in this report, including the exhibit, shall not
be deemed to be incorporated by reference into any of BindView's filings with
the SEC under the Securities Act of 1933, except as shall be expressly set forth
by specific reference in any such filing, and shall not be deemed to be "filed"
with the SEC under the Securities Exchange Act of 1934.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS.
The exhibit to this report is as follows:
EXHIBIT NO. DESCRIPTION
----------- -----------
99.1 Press Release dated October 28, 2004.
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.
BINDVIEW DEVELOPMENT CORPORATION
Dated: October 28, 2004 By: /s/ EDWARD L. PIERCE
----------------------------
Edward L. Pierce,
Executive Vice President
and Chief Financial Officer
INDEX TO EXHIBITS
EXHIBIT NO. DESCRIPTION
----------- -----------
99.1 Press Release dated October 28, 2004.