UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
CURRENT REPORT
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Emerging growth company
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| Item 8.01 | Other Events. |
On February 3, 2023, MKS Instruments, Inc. (the “Company”) identified that it had become subject to a ransomware event and took immediate action to activate its incident response and business continuity protocols to contain the incident. The Company’s investigation and assessment of the impact of this incident is ongoing and appropriate incident response professionals have been engaged. The Company has notified law enforcement authorities.
The Company is in the early stages of its investigation and assessment of this incident. The incident has affected certain business systems, including production-related systems, and as part of the containment effort, the Company has elected to temporarily suspend operations at certain of its facilities. The Company is working diligently to complete the investigation and restore the Company’s systems and impacted operations as quickly as possible. The full scope of the costs and related impacts of this incident, including the extent to which the Company’s cybersecurity insurance may offset some of these costs, has not been determined.
Safe Harbor for Forward-Looking Statements
This Current Report on Form 8-K contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934 relating to the Company’s expectations regarding its ability to contain and assess the ransomware incident and its impact on the Company. These statements are only predictions based on current assumptions and expectations. Actual events or results may differ materially from those in the forward-looking statements set forth herein. Among the important factors that could cause actual events to differ materially from those in the forward-looking statements are the ongoing assessment of the cybersecurity incident; legal, reputational and financial risks resulting from the cybersecurity incident or additional cybersecurity incidents; and the other factors described in the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2022, filed with the U.S. Securities and Exchange Commission on November 7, 2022, particularly the risks described under the following subheading: “Risks Related to Cybersecurity, Data Privacy and Intellectual Property Protection”. The Company is under no obligation to, and expressly disclaims any obligation to, update or alter these forward-looking statements, whether as a result of new information, future events or otherwise after the date of this Current Report on Form 8-K except as may be required under applicable securities law.
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 hereunto duly authorized.
| MKS Instruments, Inc. | ||||||
| By: | /s/ Kathleen F. Burke | |||||
| Date: February 6, 2023 | Name: | Kathleen F. Burke | ||||
| Title: | Senior Vice President, General Counsel and Secretary | |||||
Document and Entity Information |
Feb. 03, 2023 |
|---|---|
| Cover [Abstract] | |
| Entity Registrant Name | MKS INSTRUMENTS INC |
| Amendment Flag | false |
| Entity Central Index Key | 0001049502 |
| Document Type | 8-K |
| Document Period End Date | Feb. 03, 2023 |
| Entity Incorporation State Country Code | MA |
| Entity File Number | 000-23621 |
| Entity Tax Identification Number | 04-2277512 |
| Entity Address, Address Line One | 2 Tech Drive |
| Entity Address, Address Line Two | Suite 201 |
| Entity Address, City or Town | Andover |
| Entity Address, State or Province | MA |
| Entity Address, Postal Zip Code | 01810 |
| City Area Code | 978 |
| Local Phone Number | 645-5500 |
| Written Communications | false |
| Soliciting Material | false |
| Pre Commencement Tender Offer | false |
| Pre Commencement Issuer Tender Offer | false |
| Security 12b Title | Common Stock, no par value |
| Trading Symbol | MKSI |
| Security Exchange Name | NASDAQ |
| Entity Emerging Growth Company | false |