-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, DFVwbrwwgRzQGw5O+Azi3qisrvyFvoh7Q7B0zkGdfTQloZLpWxeVlvh+Z5q4+tvD jeUIIZZNHjcDgC8QcPLT1g== 0000893220-98-001449.txt : 19980907 0000893220-98-001449.hdr.sgml : 19980907 ACCESSION NUMBER: 0000893220-98-001449 CONFORMED SUBMISSION TYPE: 6-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19980904 FILED AS OF DATE: 19980904 SROS: NYSE FILER: COMPANY DATA: COMPANY CONFORMED NAME: SAP AKTIENGESELLSCHAFT SYSTEMS APPLICATIONS PRODUCTS IN DATA CENTRAL INDEX KEY: 0001000184 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 000000000 STATE OF INCORPORATION: I8 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 6-K SEC ACT: SEC FILE NUMBER: 001-14251 FILM NUMBER: 98704609 BUSINESS ADDRESS: STREET 1: NEUROTTSTRABE 16 STREET 2: WALLDORF, FEDERAL REPUBLIC OF GERMAN CITY: NEW YORK STATE: NY ZIP: 69190 BUSINESS PHONE: 0114962277 MAIL ADDRESS: STREET 1: NEUROTTSTRASSE 16 CITY: WALLDORF D 69190 STATE: I8 6-K 1 FORM 6-K ASP AKTIENGESELLSCHAFT 1 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 6-K REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16 OR 15d-16 OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT: SEPTEMBER 4, 1998 SAP AKTIENGESELLSCHAFT SYSTEME, ANWENDUNGEN, PRODUKTE IN DER DATENVERARBEITUNG (Exact name of registrant as specified in its charter) SAP CORPORATION Systems, Applications and Products in Data Processing (Translation of registrant's name into English) Neurottstrasse 16 69190 Walldorf Federal Republic of Germany (Address of principal executive office) Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F. Form 20-F [X] Form 40-F [ ] Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934. Yes [ ] No [X] If "Yes" is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): 82-_______. 2 SAP AKTIENGESELLSCHAFT Systeme, Anwendungen, Produkte in der Datenverarbeitung FORM 6-K SAP Aktiengesellschaft Systeme, Anwendungen, Produkte in der Datenverarbeitung, a stock corporation organized under the laws of the Federal Republic of Germany (the "Company"), issued a press release dated August 27, 1998 (the "Press Release") announcing the institution of arbitration proceedings by FoxMeyer Corp. against SAP America, Inc., a wholly-owned subsidiary of the Company. The Press Release is attached as Exhibit 99.1 hereto and is incorporated by reference herein. Any statements contained in the Press Release that are not historical facts are forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995. Words such as "believe," "expect" and "project," as they relate to the Company, are intended to identify such forward-looking statements. The Company undertakes no obligation publicly to update or revise any forward-looking statements. All forward-looking statements are subject to various risks and uncertainties that could cause actual results to differ materially from expectations. The factors that could affect the Company's future financial results are discussed more fully in the Company's most recently filed Form 20-F and Form F-1, as filed with the Securities and Exchange Commission on June 24, 1998. Exhibits Exhibit No. Exhibit - ----------- ------- 99.1 Press Release, dated August 27, 1998 3 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. SAP AKTIENGESELLSCHAFT SYSTEME, ANWENDUNGEN, PRODUKTE IN DER DATENVERARBEITUNG (Registrant) By:/s/ Prof. Dr. Henning Kagermann ------------------------------- Name: Prof. Dr. Henning Kagermann Title: Co-Speaker of the Executive Board By:/s/ Michael Junge ------------------------------- Name: Michael Junge Title: Head of Legal Dept. Date: September 4, 1998 4 Exhibit Index Exhibit No. Exhibit - ----------- ------- 99.1 Press Release, dated August 27, 1998 EX-99.1 2 PRESS RELEASE DATED AUGUST 27, 1998 1 EXHIBIT 99.1 LEGAL ACTION AGAINST SAP AMERICA, INC. UNFOUNDED Walldorf, August 27, 1998. The bankruptcy trustee of the American company FoxMeyer Corp. has instituted arbitration proceedings against SAP America, Inc., the American subsidiary of SAP AG, claiming damages in the amount of US$ 500 million. FoxMeyer Corp. was a pharmaceutical wholesaler that went bankrupt in 1996. FoxMeyer Corp. alleged that, during the implementation phase of the R/3 System, which began in 1993, SAP America, Inc. made false assurances concerning the functionality of its software. The consulting firm involved in implementing the R/3 System and the firm of certified public accountants working for FoxMeyer Corp. have already been sued by the bankruptcy trustee, each for the same amount. SAP believes that this action is without merit and at odds with the facts. SAP believes that it met all of its contractual commitments and plans to vigorously defend against the claims. SAP AG Corporate Communications -----END PRIVACY-ENHANCED MESSAGE-----