-----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, D53qq/cDepNylu8Bx/+wcwdPVzn86spmMfIMa1J6VzPnT1rl98hm/Am/Xk0xPY2l YtZRj1vmrXWqX8Min1c9UQ== 0001181431-08-043200.txt : 20080715 0001181431-08-043200.hdr.sgml : 20080715 20080715161201 ACCESSION NUMBER: 0001181431-08-043200 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080715 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20080715 DATE AS OF CHANGE: 20080715 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SUN MICROSYSTEMS, INC. CENTRAL INDEX KEY: 0000709519 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRONIC COMPUTERS [3571] IRS NUMBER: 942805249 STATE OF INCORPORATION: DE FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-15086 FILM NUMBER: 08952992 BUSINESS ADDRESS: STREET 1: 4150 NETWORK CIRCLE CITY: SANTA CLARA STATE: CA ZIP: 95054 BUSINESS PHONE: 6509601300 MAIL ADDRESS: STREET 1: 4150 NETWORK CIRCLE CITY: SANTA CLARA STATE: CA ZIP: 95054 FORMER COMPANY: FORMER CONFORMED NAME: SUN MICROSYSTEMS INC DATE OF NAME CHANGE: 19920703 8-K 1 rrd213243.htm FORM 8-K RE: Q4FY08 FINANCIAL RESULTS Prepared By R.R. Donnelley Financial -- Form 8-K
 
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):  07/15/2008
 
Sun Microsystems, Inc.
(Exact name of registrant as specified in its charter)
 
Commission File Number:  0-15086
 
Delaware
  
94-2805249
(State or other jurisdiction of
  
(IRS Employer
incorporation)
  
Identification No.)
 
4150 Network Circle
Santa Clara, California 95054-1778
(Address of principal executive offices, including zip code)
 
(650) 960-1300
(Registrant’s telephone number, including area code)
 
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:

[  ]   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 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))
 

 
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 July 15, 2008, Sun Microsystems, Inc. ("Sun") issued a press release regarding Sun's preliminary financial results for the fiscal quarter ended June 30, 2008. The full text of Sun's press release is attached hereto as Exhibit 99.1.

 
 
Item 9.01.    Financial Statements and Exhibits
 
(d) Exhibits.

The following exhibit is filed herewith:

Exhibit Number 99.1 - Text of press release issued by Sun Microsystems, Inc., dated July 15, 2008, titled "Sun Microsystems Reports Preliminary Results for Fourth Quarter Fiscal Year 2008."

 

 

Signature(s)
 
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.
 
     
 
Sun Microsystems, Inc.
 
 
Date: July 15, 2008
     
By:
 
/s/    Michael E. Lehman

               
Michael E. Lehman
               
Chief Financial Officer and Executive Vice President, Corporate Resources
 
 


 

Exhibit Index
 
Exhibit No.

  
Description

EX-99.1
  
Text of press release issued by Sun Microsystems, Inc., dated July 15, 2008, titled "Sun Microsystems Reports Preliminary Results for Fourth Quarter Fiscal Year 2008."
EX-99.1 2 rrd213243_25038.htm TEXT OF PRESS RELEASE ISSUED BY SUN MICROSYSTEMS, INC., DATED JULY 15, 2008, TITLED "SUN MICROSYSTEMS REPORTS PRELIMINARY RESULTS FOR FOURTH QUARTER FISCAL YEAR 2008." Sun Microsystems Reports Preliminary Results for Fourth Quarter Fiscal Year 2008

Sun Microsystems Reports Preliminary Results for Fourth Quarter Fiscal Year 2008

SANTA CLARA, Calif. - July 15, 2008 - Sun Microsystems, Inc. (NASDAQ: JAVA) reported preliminary results today for its fourth quarter of fiscal 2008, which ended June 30, 2008.

Sun expects to report revenues for the fourth quarter of fiscal 2008 in the range of $3.725 to $3.800 billion, as compared with $3.835 billion for the fourth quarter of fiscal 2007. Total gross margin as a percent of revenues for the fourth quarter of fiscal 2008 is expected to be in the range of 44 to 45 percent.

Sun anticipates reporting GAAP net income per diluted share for the fourth quarter of fiscal 2008 in the range of $0.05 to $0.15. GAAP net income per diluted share includes a restructuring charge of approximately $100 million. On a non-GAAP basis, Sun expects to report net income per diluted share in the range of $0.25 to $0.35. Non-GAAP net income per diluted share excludes purchased in-process research and development, amortization of acquisition related intangibles, stock-based compensation expense, restructuring charges and related impairment of long-lived assets, gain or loss on equity investments, settlement income and the related income tax effects of non-GAAP exclusions.

"In these difficult economic times, we continue to see customers across the world look to open software and hardware as a source of savings, and feel well positioned with our most robust line ever of server, storage, software and service offerings," said Jonathan Schwartz, CEO of Sun Microsystems.

Sun will report its complete fourth quarter and full fiscal year 2008 financial results on Friday, August 1, 2008. The company will host a conference call on August 1, 2008 to review the complete financial results beginning at 5:00 a.m. PT / 8:00 a.m. ET. The general public can access the financial results and listen to the call via Sun's Investor Relations website at www.sun.com/investors.

About Sun Microsystems, Inc.

Sun Microsystems develops the technologies that power the global marketplace. Guided by a singular vision -- "The Network is the Computer" -- Sun drives network participation through shared innovation, community development and open source leadership. Sun can be found in more than 100 countries and on the Web at http://sun.com.

# # #

This press release contains forward-looking statements regarding the future results and performance of Sun Microsystems, Inc., including statements regarding Sun's estimated revenues, total gross margin, GAAP and non-GAAP net income per diluted share and restructuring charge for the fourth quarter of fiscal 2008 and statements regarding industry trends, customer preferences and Sun's position. These forward-looking statements involve risks and uncertainties and actual results could differ materially from those predicted in any such forward-looking statements. Sun's preliminary results announced in this press release are based on preliminary information about the fourth quarter of fiscal 2008 and are subject to revision. Although the quarter is now completed, Sun is still in the early stages of its standard financial reporting closing procedures. Accordingly, as Sun completes its normal quarter and year-end closing and auditing processes, actual results could differ materially from these preliminary e stimates. Factors that could cause Sun's actual results to differ materially from those contained in such forward-looking statements include: inaccurate data or assumptions; unforeseen expenses; changes in estimates or judgments related to tax liabilities; potential goodwill impairments; potential litigation, bad debts or other contingencies; facts or circumstances affecting the application of Sun's critical accounting policies, including revenue recognition; risks associated with developing, designing, manufacturing and distributing new products; lack of success in technological advancements; pricing pressures; lack of customer acceptance and implementation of new products and technologies; the possibility of errors or defects in new products; a material acquisition, restructuring or other event that results in significant charges; competition; adverse business conditions; failure to retain key employees; the cancellation or delay of projects; Sun's reliance on single-source suppliers; risks associated wi th Sun's ability to purchase a sufficient amount of components to meet demand; inventory risks; risks associated with Sun's international customers and operations; delays in product development; Sun's dependence on significant customers and specific industries; and Sun's dependence on channel partners. Please also refer to Sun's periodic reports that are filed from time to time with the Securities and Exchange Commission, including its Annual Report on Form 10-K for the fiscal year ended June 30, 2007 and its Quarterly Reports on Form 10-Q for the fiscal quarters ended September 30, 2007, December 30, 2007 and March 30, 2008. Sun assumes no obligation to, and does not currently intend to, update these forward-looking statements.

To supplement Sun's preliminary financial results presented in accordance with GAAP, Sun provides non-GAAP net income per diluted share data. The presentation of this non-GAAP financial measure should be considered in addition to Sun's GAAP results and is not intended to be considered in isolation or as a substitute for the financial information prepared and presented in accordance with GAAP. Sun's management believes that this non-GAAP financial measure provides meaningful supplemental information regarding its performance by excluding certain gains, losses and charges that may not be indicative of Sun's core business operating results. Sun believes that both management and investors benefit from referring to this non-GAAP financial measure in assessing Sun's performance. This non-GAAP financial measure also facilitates comparisons to Sun's historical performance and its competitors' operating results. Sun includes this non-GAAP financial measure because management believes it is useful to investors in allowing for greater transparency with respect to supplemental information used by management in its financial and operational decision making. Non-GAAP net income per diluted share ($0.25 to $0.35) is equal to GAAP net income per diluted share ($0.05 to $0.15) as adjusted to exclude purchased in-process research and development, amortization of acquisition related intangibles, stock-based compensation expense, restructuring charges and related impairment of long-lived assets, gain or loss on equity investments, settlement income and the related income tax effects of non-GAAP exclusions (an aggregate adjustment of $0.20 per diluted share).

# # #

Sun, Sun Microsystems, the Sun logo, Java, and The Network Is The Computer are trademarks or registered trademarks of Sun Microsystems, Inc. or its subsidiaries in the United States and other countries.

# # #

Investor Contact:
Ron Pasek
650-786-8008
ron.pasek@sun.com

Press Contact:
Kristi Rawlinson
650-786-6933
kristi.rawlinson@sun.com

Industry Analyst Contact:
Kathy Engle
415-294-4368
kathy.engle@sun.com

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