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: February 6, 2004 GRAPHON CORPORATION (Exact name of Registrant as specified in its charter) Delaware 0-21683 13-3899021 (State of (Commission File No.) IRS Employer incorporation) Identification Number) 105 Cochrane Circle, Morgan Hill, California 95037 (Address of principal executive offices) Registrant's telephone number: (800) 472-7466 Item 5. Other Events GraphOn Corporation (the "Company") previously announced on February 2, 2004 that it had sold 5,000,000 shares of common stock, par value $.0001 per share, of the Company ("Common Stock") and 5-year warrants to purchase 2,500,000 shares of Common Stock at an exercise price of $0.33 per share in a private offering (the "Offering") for a total of $1,150,000. The Company intends to use the proceeds from the Offering for working capital and general corporate purposes. The documents relating to the Offering are being furnished as Exhibits 99.1, 99.2 and 99.3 to this Form 8-K and incorporated herein by reference. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits (a) Financial Statements of Business Acquired: None (b) Pro Forma Financial Information: None (c) Exhibits: Exhibit No. Description 99.1 Unit Subscription Agreement 99.2 Form of Common Stock Purchase Warrant 99.3 Form of Investor Rights Agreement 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 thereunto duly authorized. Dated: February 6, 2004 GRAPHON CORPORATION (Registrant) By: /s/William Swain ----------------------- William Swain Chief Financial Officer