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
September 28, 2012
Commission file number:
1-14251
SAP AG
(Exact name of registrant as specified in its charter)
SAP CORPORATION
(Translation of registrants name into English)
Dietmar-Hopp-Allee 16
69190 Walldorf
Federal Republic of Germany
(Address of principal executive offices)
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- .
SAP AG
FORM 6-K
On September 28, 2012, SAP AG, a stock corporation organized under the laws of the Federal Republic of Germany (SAP), and Ariba, Inc., a Delaware corporation (Ariba) issued a joint press release (the Press Release) stating that the UK Office of Fair Trading has announced that it will not refer the acquisition of Ariba by SAP to the UK Competition Commission. The Press Release is attached as Exhibit 99.1 hereto and incorporated by reference herein.
Any statements contained in this document that are not historical facts are forward-looking statements as defined in the U.S. Private Securities Litigation Reform Act of 1995. SAP undertakes no obligation to publicly 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 SAPs future financial results are discussed more fully in SAPs filings with the U.S. Securities and Exchange Commission (the SEC), including SAPs most recent Annual Report on Form 20-F for 2011 filed with the SEC. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of their dates.
EXHIBITS
Exhibit No. |
Exhibit | |
99.1 | Joint Press Release issued by SAP and Ariba dated September 28, 2012 |
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 AG (Registrant) | ||
By: | /s/ Michael Ploetner | |
Name: | Michael Ploetner | |
Title: | Attorney-in-Fact | |
By: | /s/ Wendy Boufford | |
Name: | Wendy Boufford | |
Title: | Attorney-in-Fact |
Date: September 28, 2012
Exhibit 99.1
For Immediate Release
Sept. 28, 2012
U.K. Office of Fair Trading Approves SAP Acquisition of Ariba, Inc.
WALLDORF, Germany and SUNNYVALE, Calif. Sept. 28, 2012 SAP AG (NYSE: SAP) and Ariba, Inc. (Nasdaq: ARBA) today announced that the UK Office of Fair Trading has advised it will not refer the acquisition of Ariba by SAP to the UK Competition Commission. SAP and Ariba anticipate completing the acquisition in the fourth quarter of calendar year 2012 after receiving clearance from the U.S. Department of Justice, the last remaining regulatory condition for the transaction.
For more information, visit the SAP Newsroom.
About Ariba, Inc.
Ariba, Inc. is the worlds business commerce network. Ariba combines industry-leading cloud-based applications with the worlds largest web-based trading community to help companies discover and collaborate with a global network of partners. Using the Ariba® Network, businesses of all sizes can connect to their trading partners anywhere, at any time from any application or device to buy, sell and manage their cash more efficiently and effectively than ever before. Companies around the world use the Ariba Network to simplify inter-enterprise commerce and enhance the results that they deliver. Join them at: www.ariba.com
About SAP
As market leader in enterprise application software, SAP (NYSE: SAP) helps companies of all sizes and industries run better. From back office to boardroom, warehouse to storefront, desktop to mobile device SAP empowers people and organizations to work together more efficiently and use business insight more effectively to stay ahead of the competition. SAP applications and services enable more than 195,000 customers (includes customers from the acquisition of SuccessFactors) to operate profitably, adapt continuously, and grow sustainably. For more information, visit www.sap.com.
# # #
Cautionary Statement Regarding Forward-Looking Statements
Any statements contained in this document that are not historical facts are forward-looking statements as defined in Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Words such as anticipate, believe, estimate, expect, forecast, intend, may, plan, project, predict, should and will and similar expressions are intended to identify such forward-looking statements. Forward-looking statements in this press release include the statement concerning the parties ability to complete the transaction and the expected closing date of the transaction. All forward-looking statements are subject to various risks and uncertainties that could cause actual results to differ materially from expectations. These potential risks and uncertainties include, among others, uncertainties as to the timing of the acquisition; the failure to retain key Ariba employees, contracts or benefits; the failure to achieve expected synergies and other benefits; customer and partner uncertainty regarding the anticipated benefits of the transaction; whether certain industry segments will grow as anticipated; the competitive environment among participants in cloud technologies; and other risks detailed in SAPs and Aribas filings with the U.S. Securities and Exchange Commission (SEC), including SAPs most recent Annual Report on Form 20-F and Aribas most recent Annual Report on Form 10-K and quarterly report on Form 10-Q filed with the SEC. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of their dates. SAP undertakes no obligation to publicly update or revise any forward-looking statements.
© 2012 by SAP AG. All rights reserved.
SAP and the SAP logo are registered trademarks of SAP AG in Germany and other countries. Business Objects and the Business Objects logo are trademarks or registered trademarks of Business Objects Software Ltd. Business Objects is an SAP company. Sybase and the Sybase logo are registered trademarks of Sybase Inc. Sybase is an SAP company. Crossgate is a registered trademark of SAP in Germany and other countries.
Note to editors:
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U.K. Office of Fair Trading Approves SAP Acquisition of Ariba, Inc. | Page 2 |
www.sap.com/photos. On this platform, you can find high resolution material for your media channels. To view video stories on diverse topics, visit www.sap-tv.com. From this site, you can embed videos into your own Web pages, share video via email links, and subscribe to RSS feeds from SAP TV.
Follow SAP on Twitter at @sapnews.
For customers interested in learning more about SAP products:
Global Customer Center: +49 180 534-34-24
United States Only: 1 (800) 872-1SAP (1-800-872-1727)
For more information, press only:
Christoph Liedtke, SAP, +49 (6227) 7-50383, christoph.liedtke@sap.com, CET
Jim Dever, SAP, +1 (610) 661-2161, james.dever@sap.com, EDT
SAP Press Office, +49 (6227) 7-46315, CET; +1 (610) 661-3200, EDT, press@sap.com
Karen Master, Ariba, +1 (412) 297-8177, kmaster@ariba.com, EDT
For more information, financial community only:
Stefan Gruber, SAP, +49 (6227) 7-44872, investor@sap.com, CET
John Duncan, Ariba, +1 (678) 336-2980, jduncan@ariba.com, EDT
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