-----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, RNYY4WHXEbo4qlTtpiC5ZE0QYfSo+OiO5qxfkhy5ysayDHTzG1BymHYabJ26nMPc HZL5N7SyeWaewXBGNrm7jQ== 0001001746-06-000037.txt : 20060905 0001001746-06-000037.hdr.sgml : 20060904 20060905101540 ACCESSION NUMBER: 0001001746-06-000037 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060905 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20060905 DATE AS OF CHANGE: 20060905 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DATARAM CORP CENTRAL INDEX KEY: 0000027093 STANDARD INDUSTRIAL CLASSIFICATION: COMPUTER STORAGE DEVICES [3572] IRS NUMBER: 221831409 STATE OF INCORPORATION: NJ FISCAL YEAR END: 0430 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-08266 FILM NUMBER: 061072846 BUSINESS ADDRESS: STREET 1: P O BOX 7528 CITY: PRINCETON STATE: NJ ZIP: 08543 BUSINESS PHONE: 6097990071 MAIL ADDRESS: STREET 1: PO BOX 7528 CITY: PRINCETON STATE: NJ ZIP: 08543-7528 8-K 1 k890506.txt CURRENT REPORT - SETTLEMENT AGREEMENT 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): September 5, 2006 DATARAM CORPORATION __________________________________________________________________________ (Exact name of registrant as specified in charter) New Jersey 1-8266 22-1831409 __________________________________________________________________________ (State or other juris- (Commission (IRS Employer diction of incorporation) File Number) Identification No.) Route 571, P.O. Box 7528, Princeton, NJ 08543-7528 __________________________________________________________________________ (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (609) 799-0071 __________________________________________________________________________ (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: [ ] Written communications pursuant to Rule 425 under the Securities Act (17CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) Section 8 - Other Events. Item 8.01. Other Events. On September 5, 2006, Dataram Corporation (the "Company") announced that it had entered into a Settlement and Release of Claims with a DRAM manufacturer pursuant to which the Company released all of its claims arising from matters in litigation pursuant to a pending anti-trust class action. The Company has received in settlement $2,300,000, which will contribute approximately $0.16 per diluted share to the Company's fiscal second quarter net earnings. Section 9 - Financial Statements and Exhibits. Item 9.01. Financial Statements and Exhibits. Exhibit 99. Press Release dated September 5, 2006. 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. DATARAM CORPORATION By: MARK MADDOCKS Date: September 5, 2006 _____________________________________ Mark Maddocks, Vice President-Finance and Chief Financial Officer EX-99 2 dmpr9506.txt PRESS RELEASE DATARAM Dataram Contact: Investor Contact: Mark Maddocks Joe Zappulla Vice President-Finance, CFO Wall Street Consultants Corp. PRESS RELEASE 609-799-0071 212-681-4100 info@dataram.com JZappulla@WallStreetIR.com DATARAM ENTERS INTO SETTLEMENT AGREEMENT PRINCETON, N.J. September 5, 2006 - Dataram Corporation (NASDAQ: DRAM) today reported that on August 30, 2006, the Company entered into a settlement agreement with a DRAM manufacturer whereby the manufacturer has paid the Company $2,300,000. In return, the Company has committed to not to participate in, and affirmatively to opt out of, any class actions that have been or in the future may be brought against the manufacturer by reason of or in any way arising out of a specified litigation, as defined in the agreement. The $2,300,000 payment will be recorded as other income in the Company's second fiscal quarter ended October 31, 2006 and will contribute approximately $0.16 per diluted share to the Company's fiscal second quarter net earnings. ABOUT DATARAM CORPORATION Dataram is a worldwide leader in the design and manufacture of high capacity, reliable and innovative memory solutions. With over 39 years of experience, Dataram provides customized memory solutions for OEMs and compatible memory for leading brands including HP, Dell, IBM, SGI, Sun Microsystems and Intel. For more information about Dataram, visit www.dataram.com The information provided in this press release may include forward-looking statements relating to future events, such as the development of new products, pricing and availability of raw materials or the future financial performance of the Company. Actual results may differ from such projections and are subject to certain risks including, without limitation, risks arising from: changes in the price of memory chips, changes in the demand for memory systems, increased competition in the memory systems industry, order cancellations, delays in developing and commercializing new products and other factors described in the Company's most recent Annual Report on Form 10-K, filed with the Securities and Exchange Commission, which can be reviewed at http://www.sec.gov. -----END PRIVACY-ENHANCED MESSAGE-----