-----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, MjF93+0VNxLO/Yu+aD3/Yf7N3WzYuT5G4brvpEeybqW4IhvCFVGmr5kJn84bkVPt jMPgpaNxmuYWUUOcQkT+hA== 0000758004-09-000106.txt : 20090529 0000758004-09-000106.hdr.sgml : 20090529 20090529160126 ACCESSION NUMBER: 0000758004-09-000106 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090528 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090529 DATE AS OF CHANGE: 20090529 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NOVELL INC CENTRAL INDEX KEY: 0000758004 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 870393339 STATE OF INCORPORATION: DE FISCAL YEAR END: 1031 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-13351 FILM NUMBER: 09861785 BUSINESS ADDRESS: STREET 1: 1800 SOUTH NOVELL PLACE CITY: PROVO STATE: UT ZIP: 84606 BUSINESS PHONE: 8018617000 MAIL ADDRESS: STREET 1: 1800 SOUTH NOVELL PLACE CITY: PROVO STATE: UT ZIP: 84606 8-K 1 novl-8k_0905acs.htm PRESS RELEASE AGREEMENT 8-K for Press Release regarding ACS

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

May 28, 2009
Date of Report
(Date of earliest event reported)

Novell, Inc.
(Exact name of registrant as specified in its charter)


Delaware
(State or other jurisdiction
of incorporation)
0-13351
(Commission File
Number)
87-0393339
(IRS Employer
Identification Number)

404 Wyman Street, Suite 500
Waltham, MA 02451
(Address of principal executive offices, including zip code)

(781) 464-8000
(Registrant’s telephone number, including area code)

Not Applicable
(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 7.01 Regulation FD Disclosure.

On May 28, 2009, Novell, Inc. (“Novell”) issued a press release announcing a strategic partnership between Novell and Affiliated Computer Services, Inc. A copy of the press release is furnished as Exhibit 99.1 to this Form 8-K.

The information in this Item 7.01 and the exhibit referenced in Item 9.01 below will not be deemed to be “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934 (“Exchange Act”), or otherwise subject to the liabilities of such section, nor will such information or exhibit be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as may be expressly set forth by specific reference in such filing.

Legal Notice Regarding Forward-Looking Statements

This current report includes statements that are not historical in nature and that may be characterized as “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act. Actual results may differ materially from the results discussed in or implied by such forward-looking statements, which are based upon information that is currently available to us and/or management’s current expectations, speak only as of the date hereof, and are subject to a number of factors. A description of factors that could affect our results is included in our SEC filings, including, but not limited to, our Annual Report on Form 10-K for the Fiscal Year Ended October 31, 2008 filed with the SEC on December 23, 2008, which may be obtained by calling (800) 317- 3195, or at our Investor Relations web site at http://www.novell.com/company/ir.

We expressly disclaim any obligation, except as required by law, or undertaking to update or revise any forward-looking statements contained in this current report to reflect any change of expectations with regard thereto or to reflect any change in events, conditions, or circumstances on which any such forward-looking statement is based, in whole or in part.


Item 9.01 Financial Statements and Exhibits.

(d)  Exhibits

Exhibit Number Description
99.1 Press Release of Novell, Inc. dated May 28, 2009*

* furnished herewith




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.

Novell, Inc.
(Registrant)

Date: May 29, 2009

By /s/ Dana C. Russell

(Signature)
Senior Vice President and
Chief Financial Officer
(Title)


EXHIBIT INDEX

The following exhibit is furnished as part of this current report on Form 8-K.

Exhibit Number Description
Exhibit 99.1 Press Release of Novell, Inc. dated May 28, 2009





EX-99 2 exhibit99_acspr052809.htm PRESS RELEASE DATED MAY 28, 2009 Press release dated May 28, 2009

FOR IMMEDIATE RELEASE

ACS and Novell Launch Strategic Partnership

Partnership provides both organizations operational & technical efficiencies
and market leading technology capabilities

DALLAS, Texas and WALTHAM, Mass. – May 28, 2009 – Affiliated Computer Services, Inc. (NYSE: ACS) and Novell, Inc. (Nasdaq: NOVL) today announced a strategic partnership to expand their core technical capabilities and suite of services. As part of the partnership, Novell will outsource part of its internal IT operations to ACS, which will also provide SAP consulting and applications development and maintenance system integration services as part of a $135 million, five-year contract. ACS will also partner with Novell to enhance its global data center operations and will purchase at least $30 million in Novell products during the first three years of the partnership.

The strategic partnership will enable both companies to go-to-market with solutions that leverage the leading edge, highly interoperable software Novell provides along with the substantial scale, scope and experience ACS offers in delivering IT services. As part of the agreement, ACS and Novell will each invest in joint engineering, technology, sales, and marketing initiatives. ACS will leverage Novell products to support the ACS Management Platform (AMP), the delivery platform for its portfolio of global IT outsourcing service offerings. ACS plans to enhance AMP with capabilities that support cloud computing, auto provisioning, and process automation. ACS will buy Novell technology in a number of areas including SUSE Linux Enterprise operating system, Platespin workload management, business service management, and identity and security solutions. In turn, Novell plans to enhance its solution portfolios by leveraging ACS’ experience with a large and diverse customer base.

“This is a significant partnership with one of the leading IT service providers in the world,” said Ron Hovsepian, president and CEO of Novell. “ACS will benefit from leveraging Novell solutions to provide data center services to its global clients, giving Novell a substantial new source of revenue and a new route to market. The IT outsourcing arrangement will also enable Novell to focus on its core business while giving the opportunity to substantially improve IT performance from both a financial and operational perspective.”

Under the IT outsourcing arrangement, ACS will transition the service delivery operations in Provo, Utah and an anticipated 156 employees within Novell’s Information Services & Technology group, including infrastructure and application development and maintenance services operations. ACS will also provide SAP consulting and systems integration services for Novell as part of Novell’s global enterprise SAP roll-out. Novell estimates that it will realize a significant cost savings on continuing IT related expenses over the five-year duration of the agreement.

“This partnership will offer key, go-to-market differentiators for both Novell and ACS,” said Lynn Blodgett, ACS president and CEO. “Two innovative technology enterprises are leveraging their capabilities to respond to their clients’ fluctuating business imperatives, enabling them to respond to their own customers’ demands quicker and to improve operational efficiency.”

About Novell

Novell, Inc. (Nasdaq: NOVL) delivers the best engineered, most interoperable Linux* platform and a portfolio of integrated IT management software that helps customers around the world reduce cost, complexity and risk. With our infrastructure software and ecosystem of partnerships, Novell harmoniously integrates mixed IT environments, allowing people and technology to work as one. For more information, visit www.novell.com.

About ACS

ACS, a global FORTUNE 500 company with approximately 74,000 people supporting client operations reaching more than 100 countries, provides business process outsourcing and information technology solutions to world-class commercial and government clients. The company’s Class A common stock trades on the New York Stock Exchange under the symbol “ACS.” Learn more about ACS at www.acs-inc.com.

_________________

Novell is a registered trademark of Novell, Inc. in the United States and other countries. *All third-party trademarks are the property of their respective owners.

“Safe Harbor” Statement under the Private Securities Litigation Reform Act of 1995: Statements in this press release regarding Affiliated Computer Services’ or Novell’s business which are not historical facts are “forward-looking statements” that involve risks and uncertainties. For a discussion of such risks and uncertainties, which could cause actual results to differ from those contained in the forward-looking statements, see “Risk Factors” in each company’s Annual Report or Form 10-K for the most recently ended fiscal year.


Novell Press Contacts:
Ian Bruce Gene Carozza
Novell PAN Communications
781-464.8034 978-474-1900
ibruce@novell.com novell@pancomm.com



ACS Investor Relations Contact: ACS Press Contact:
Jon Puckett Carol DeMatteo
Affiliated Computer Services, Inc. Affiliated Computer Services, Inc.
214-841-8281 214-841-8110
jon.puckett@acs-inc.com carol.dematteo@acs-inc.com
-----END PRIVACY-ENHANCED MESSAGE-----