8-K 1 a06-22619_18k.htm CURRENT REPORT OF MATERIAL EVENTS OR CORPORATE CHANGES

 

UNITED STATES

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):  October 24, 2006

 

AVAYA INC.

(Exact Name of Registrant as Specified in its Charter)

 

Delaware

 

001-15951

 

22-3713430

(State or Other Jurisdiction of
Incorporation)

 

(Commission File Number)

 

(IRS Employer Identification
Number)

 

211 Mount Airy Road

 

 

Basking Ridge, New Jersey

 

07920

(Address of Principal Executive Office)

 

(Zip Code)

 

Registrant’s telephone number, including area code:  (908) 953-6000

 

N/A

(Former Name or Former Address, if Changed Since Last Report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 



Item 2.02 Results of Operations and Financial Condition.

 

In accordance with SEC Release No. 33-8126, the following information is furnished under Item 2.02, “Results of Operations and Financial Condition.” This information shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.

 

On October 24, 2006, Avaya Inc. (the “Company”) issued a press release reporting financial results for the fiscal quarter ended September 30, 2006 and held a public webcast in connection with the issuance of the press release. A copy of the charts related to such presentation and certain other information is attached as Exhibit 99.1 hereto and incorporated into this Form 8-K by reference. These materials are also available on the Avaya investor relations website at http://investors.avaya.com/.

 

Item 9.01. Financial Statements and Exhibits.

 

(c)         Exhibits.

 

99.1         Presentation of Avaya Inc. dated October 24, 2006

 

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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.

 

 

 

AVAYA INC.

 

 

 

 

 

 

 

Date:  October 25, 2006

By:

     /s/ Garry K. McGuire

 

 

Name: Garry K. McGuire

 

 

Title: Chief Financial Officer and

 

 

 

Senior Vice President,

 

 

 

Corporate Development

 

 

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EXHIBIT INDEX

 

EXHIBIT
NUMBER

 

DESCRIPTION

 

 

 

99.1

 

Presentation of Avaya Inc. dated October 24, 2006.

 

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