-----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, QNY5/ksBVfjczmhoscmqqf7dqIiVrhOZq0bwOUZUNMxa0CSAq71fUiRNAPnvEKOY 26uvH9Yy9QmCLchREbeD8A== 0000950123-11-005044.txt : 20110125 0000950123-11-005044.hdr.sgml : 20110125 20110125103606 ACCESSION NUMBER: 0000950123-11-005044 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20110125 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20110125 DATE AS OF CHANGE: 20110125 FILER: COMPANY DATA: COMPANY CONFORMED NAME: REALPAGE INC CENTRAL INDEX KEY: 0001286225 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 752788861 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-34846 FILM NUMBER: 11545295 BUSINESS ADDRESS: STREET 1: 4000 INTERNATIONAL PARKWAY CITY: CARROLLTON STATE: TX ZIP: 75007-1913 BUSINESS PHONE: 972-820-3923 MAIL ADDRESS: STREET 1: 4000 INTERNATIONAL PARKWAY CITY: CARROLLTON STATE: TX ZIP: 75007-1913 8-K 1 d79243e8vk.htm FORM 8-K e8vk
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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)
January 25, 2011
 
REALPAGE, INC.
(Exact name of registrant as specified in its charter)
         
Delaware   001-34846   75-2788861
         
(State or other jurisdiction of
incorporation)
  (Commission File Number)   (IRS Employer
Identification No.)
4000 International Parkway
Carrollton, Texas 75007
(Address of principal executive offices, including zip code)
(972) 820-3000
(Registrant’s telephone number, including area code)
(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 (see General Instruction A.2. below):
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))
 
 

 


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Item 8.01 Other Events
Item 9.01 Financial Statements and Exhibits
SIGNATURE
EXHIBIT INDEX
EX-99.1


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Item 8.01   Other Events
     On January 25, 2011, RealPage, Inc. (“RealPage” or “we”) issued a press release announcing that on January 24, 2011 Yardi Systems, Inc. filed a lawsuit against RealPage, Inc. A copy of the press release is furnished herewith as Exhibit 99.1.
     On January 24, 2011, Yardi Systems, Inc. filed a lawsuit in the U.S. District Court for the Central District of California against RealPage and DC Consulting, Inc. The lawsuit alleges claims for relief for violation of the Computer Fraud and Abuse Act, violation of the California Comprehensive Data Access and Fraud Act, violation of the Digital Millennium Copyright Act, Copyright Infringement, Trade Secret Misappropriation, and Unfair Competition. The plaintiff primarily alleges that RealPage consultants used unauthorized passwords to gain access to confidential and copyrighted information and documentation relating to Yardi products. In its prayer for relief, Yardi Systems seeks remedies such as damages and injunctive relief.
     Because this lawsuit is at an early stage, it is not possible to predict its outcome. We believe that we have meritorious defenses to the claims in this case and intend to defend it vigorously. However, even if we were successful in defending against such claims, the proceedings could result in significant costs and divert our management’s attention.
Cautionary Statement Regarding Forward-Looking Statements
     This press release contains “forward-looking” statements relating to RealPage, Inc.’s expected or possible meritorious defenses, anticipated vigorous defense of Yardi Systems, Inc.’s claims, and possible significant defense costs and diversion of management’s attention. These forward-looking statements are based on management’s beliefs and assumptions and on information currently available to management. Forward-looking statements include all statements that are not historical facts. Forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause actual results, performance or achievements to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Factors that could cause or contribute to such differences include, but are not limited to, the following: (a) the discovery of facts and circumstances currently not available to RealPage’s management; and (b) such other risks and uncertainties described more fully in documents filed with or furnished to the Securities and Exchange Commission (“SEC”), including RealPage’s Prospectus previously filed with SEC pursuant to Rule 424(b)(4) on December 7, 2010. All information provided in this release is as of the date hereof and RealPage, Inc. undertakes no duty to update this information except as required by law.
Item 9.01   Financial Statements and Exhibits
(d) Exhibits.
         
Exhibit No.   Description
99.1    
RealPage, Inc. Press Release dated January 25, 2011 regarding Yardi System, Inc.’s lawsuit against RealPage, Inc.
     The information furnished in this Current Report under Item 8.01 and the exhibits attached hereto, 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.

 


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SIGNATURE
     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.
         
  REALPAGE, INC.
 
 
  By:   /s/ Margot Lebenberg    
    Margot Lebenberg   
    Chief Legal Officer   
 
Date: January 25, 2011

 


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EXHIBIT INDEX
         
Exhibit No.   Description
99.1    
RealPage, Inc. Press Release dated January 25, 2011 regarding Yardi System, Inc.’s lawsuit against RealPage, Inc.

 

EX-99.1 2 d79243exv99w1.htm EX-99.1 exv99w1
Exhibit 99.1
RealPage Defends Open Marketplace Against Yardi Lawsuit
Dallas, Jan. 25, 2011 — Yesterday RealPage, Inc. (NASDAQ: RP), learned from its clients that Yardi Systems, Inc. has filed a lawsuit against RealPage in California regarding consulting services performed by EverGreen Consulting, a division of RealPage. EverGreen is a small consulting firm, the assets of which were acquired by RealPage in 2009, and represents an immaterial portion of the company’s overall business. While RealPage and Yardi have maintained a generally cooperative and professional relationship over the years, Yardi has been openly disparaging EverGreen ever since RealPage acquired the assets. As a client service company, RealPage finds this disparagement surprising given that EverGreen’s mission for the past 10 years has been to improve their shared clients’ experience with Yardi Voyager.
In this suit, Yardi alleges that EverGreen accessed Yardi information outside the scope of agreements with clients on seven occasions in the past 10 months. EverGreen access to Yardi information is intended for the purpose of providing consulting and support services acting on behalf of shared Yardi and RealPage clients. RealPage will investigate these seven incidents and any others that Yardi provides to the company and take whatever actions are warranted by the facts.
RealPage believes that Yardi’s hidden intent in filing this lawsuit is to inhibit EverGreen from competing with Yardi’s consulting service organization and that this lawsuit is a tactic to limit alternative choices for Yardi clients, thereby restraining a more open and competitive marketplace. RealPage intends to defend this action vigorously and to protect EverGreen’s right to provide services to clients that they share with Yardi.
About RealPage
Located in Carrollton, Texas, a suburb of Dallas, RealPage provides on-demand (also referred to as “Software-as-a-Service” or “SaaS”) products and services to apartment communities and single family rentals across the United States. Its six on-demand product lines include OneSite® property management systems that automate the leasing, renting, management, and accounting of conventional, affordable, tax credit, student living, and military housing properties; Level One® and CrossFire® that enable owners to originate, syndicate, manage and capture leads more effectively and at less overall cost; YieldStar® asset optimization systems that enable owners and managers to optimize rents to achieve the overall highest yield, or combination of rent and occupancy, at each property; Velocity™ billing and utility management services that increase collections and reduce delinquencies; LeasingDesk® risk mitigation systems that are designed to reduce a community’s exposure to risk and liability; and OpsTechnology® spend management systems that help owners manage and control operating expenses. Supporting this family of SaaS products is a suite of shared cloud services including electronic payments, document management, decision support and learning. Through its Propertyware subsidiary, RealPage also provides software and services to single-family rentals and low density, centrally-managed multifamily housing. For more information, call 1-87-REALPAGE or visit www.realpage.com.
###
Contact:   Randy Hargrove
RealPage, Inc.
4000 International Parkway
Carrollton, Texas 75007
(972) 820-3076
randy.hargrove@realpage.com

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