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): July 23, 1996 OSBORN COMMUNICATIONS CORPORATION (Exact name of registrant as specified in charter) State of Delaware 1-8309 06-1142367 (State or other (Commission (IRS Employer jurisdiction of File Number) Identification No.) incorporation) 130 Mason Street, Greenwich, CT 06830 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (203) 629-0905 Not Applicable (Former name or former address, if changed since last report) Item 5. Other Events. On July 23, 1996, Osborn Communications Corporation, a Delaware corporation (the "Company"), entered into an Agreement and Plan of Merger (the "Merger Agreement") with OCC Holding Corporation, a Delaware corporation ("OCC"), and OCC Acquisition Company, Inc., a Delaware corporation ("Mergeco"), pursuant to which the Company will merge with and into Mergeco (the "Merger"). As a result of the Merger, the outstanding shares of the Company's common stock, par value $0.01 per share ("Company Common Stock"), will be converted into the right to receive, $15.375 per share in cash. The Merger is conditioned upon, among other things, approval by holders of a majority of the Company Common Stock and upon receipt of certain regulatory and governmental approvals. Concurrently with the execution of the Merger Agreement and as security for liquidated damages that may be payable by Mergeco to the Company for Mergeco's failure to consummate the Merger, Mergeco has deposited in an escrow account with Citibank, N.A. an irrevocable letter of credit in favor of the Company for the sum of $5,000,000. The Merger Agreement is attached as Exhibit 2 hereto and is incorporated herein by reference. In addition, pursuant to a Voting Agreement dated as of July 23, 1996 among the Company, Mergeco and certain directors of the Company, each such director, in his individual capacity as a shareholder, has agreed to vote his shares of Company Common Stock in favor of the Merger. A form of the Voting Agreement is attached hereto as Exhibit 4 and is incorporated herein by reference. A copy of the Press Release issued by the Company relating to the Merger Agreement is attached as Exhibit 99 and is incorporated herein by reference. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits. (c) Exhibits: Exhibit Number (Referenced to Item 601 of Regulation S-K) Description of Exhibit 2 Agreement and Plan of Merger dated as of July 23, 1996 among OCC Acquisition Company, Inc., Osborn Communications Corporation and OCC Holding Corporation. 4 Form of Voting Agreement 99 Press Release dated July 23, 1996 Signatures Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. Date: July 26, 1996 OSBORN COMMUNICATIONS CORPORATION By: /s/ Thomas S. Douglas Name: Thomas S. Douglas Title: Senior Vice President EXHIBIT INDEX Exhibit number Page Number in Rule 0-3(b) Referenced to sequential numbering system Item 601 of where Exhibit can be found Regulation S-K) Description of Exhibit 2 Agreement and Plan of Merger dated as of July 23, 1996 between OCC Acquisition Company, Inc., Osborn Communications Corporation and OCC Holding Corporation. 4 Form of Voting Agreement 99 Press Release dated July 23, 1996