8-K 1 h17032e8vk.txt BMC SOFTWARE, INC. - DATED JULY 27, 2004 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): July 27, 2004 BMC SOFTWARE, INC. (Exact Name of Registrant as Specified in Its Charter) DELAWARE 001-16393 74-2126120 (State of Incorporation) (Commission File Number) (I.R.S. Employer Identification Number) 2101 CITYWEST BLVD. HOUSTON, TEXAS 77042-2827 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (713) 918-8800 ITEM 7. Financial Statements and Exhibits. (c) The following exhibit is being furnished herewith: 99 News Release, dated July 27, 2004, of BMC Software, Inc. ITEM 12. Results of Operations and Financial Condition. On July 27, 2004, BMC Software, Inc. (the "Company") issued a press release announcing financial results for its fiscal first quarter ended June 30, 2004. A copy of the press release, dated as of July 27, 2004, is furnished as Exhibit 99 to this Current Report. The information in this Current Report, including the exhibit hereto, shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section. The information contained herein and in the accompanying exhibit shall not be incorporated by reference into any registration statement or other document filed with the Securities and Exchange Commission by the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing, except as shall be expressly set forth by specific reference in such filing. 2 SIGNATURE Pursuant to the requirements of Section 12 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. Dated: July 27, 2004 BMC SOFTWARE, INC. By: /s/ ROBERT H. WHILDEN, JR. ------------------------------ Robert H. Whilden, Jr. Senior Vice President, General Counsel and Secretary 3 EXHIBIT INDEX Exhibit No. ----------- 99.1 News Release, dated July 27, 2004, of BMC Software, Inc.