-----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, JDFQVz5CZoQiu8yiQ9f5HpAJOlYD6pDoxUn05hxCwvns0nmzeyY3K5gxvFTp6nmR xJt/gKeZZK4JbiOSe4ujWw== 0000912057-01-532057.txt : 20010914 0000912057-01-532057.hdr.sgml : 20010914 ACCESSION NUMBER: 0000912057-01-532057 CONFORMED SUBMISSION TYPE: 8-K/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20010831 ITEM INFORMATION: Other events FILED AS OF DATE: 20010913 FILER: COMPANY DATA: COMPANY CONFORMED NAME: HEWLETT PACKARD CO CENTRAL INDEX KEY: 0000047217 STANDARD INDUSTRIAL CLASSIFICATION: COMPUTER & OFFICE EQUIPMENT [3570] IRS NUMBER: 941081436 STATE OF INCORPORATION: DE FISCAL YEAR END: 1031 FILING VALUES: FORM TYPE: 8-K/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-04423 FILM NUMBER: 1736043 BUSINESS ADDRESS: STREET 1: 3000 HANOVER ST CITY: PALO ALTO STATE: CA ZIP: 94304 BUSINESS PHONE: 4158571501 MAIL ADDRESS: STREET 1: 3000 HANOVER ST STREET 2: MS 20BL CITY: PALO ALTO STATE: CA ZIP: 94304 8-K/A 1 a2059108z8-ka.txt 8-K/A SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549-1004 FORM 8-K/A CURRENT REPORT PURSUANT TO SECTION 13 OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (date of earliest event reported): AUGUST 31, 2001 HEWLETT-PACKARD COMPANY (Exact name of Registrant as specified in its charter) DELAWARE 1-4423 94-1081436 (State or other jurisdiction of (Commission File Number) (I.R.S. Employer incorporation or organization) Identification Number) 3000 HANOVER STREET PALO ALTO, CA 94304 (Address of principal executive offices) (650) 857-1501 (Registrant's telephone number, including area code) ITEM 5. OTHER EVENTS On September 4, 2001, the Company entered into an Agreement and Plan of Reorganization (the "Merger Agreement") by and among the Company, Heloise Merger Corporation, a Delaware corporation and wholly-owned subsidiary of the Company, and Compaq Computer Corporation, a Delaware corporation. A copy of the Merger Agreement is attached as an exhibit to a Current Report on Form 8-K filed by the Company with the Securities and Exchange Commission on September 4, 2001 (the "Current Report"). This Current Report on Form 8-K/A amends the Current Report as indicated below. The Merger Agreement filed as an exhibit to the Current Report contains an error in the number of authorized shares of Common Stock, par value $0.01 per share, of the Company set forth in Section 3.2(a) thereof. Section 3.2(a) of the Merger Agreement should read in its entirety as follows: (a) CAPITAL STOCK. The authorized capital stock of HP consists of: (i) 9,600,000,000 shares of HP Common Stock, par value $0.01 per share and (ii) 300,000,000 shares of preferred stock, par value $0.01 per share (the "HP PREFERRED STOCK"), of which 4,500,000 shares have been designated as Series A Participating Preferred Stock, all of which will be reserved for issuance upon exercise of preferred stock purchase rights (the "HP RIGHTS") issuable pursuant to the rights agreement approved by the Board of Directors of HP in connection with its approval of this Agreement substantially in the form previously provided to Compaq (the "HP RIGHTS AGREEMENT"). At the close of business on July 31, 2001: (i) 1,939,159,231 shares of HP Common Stock were issued and outstanding, (ii) no shares of HP Common Stock were issued and held by HP in its treasury, and (iii) no shares of HP Preferred Stock were issued and outstanding. All of the outstanding shares of capital stock of HP are, and all shares of capital stock of HP which may be issued as contemplated or permitted by this Agreement will be, when issued, duly authorized and validly issued, fully paid and nonassessable and not subject to any preemptive rights. 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. HEWLETT-PACKARD COMPANY Date: September 10, 2001 By: /s/ Charles N. Charnas ----------------------- Charles N. Charnas Assistant Secretary -----END PRIVACY-ENHANCED MESSAGE-----