-----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, ALsZRB/X37HnOm373//U4Tjahf1o6F1wWvNL0d3e7wJ5oY5godtOHhU/gb5YtJ4D c+7YWsWD7nIs1HxgHKZFag== 0000950129-99-000062.txt : 19990111 0000950129-99-000062.hdr.sgml : 19990111 ACCESSION NUMBER: 0000950129-99-000062 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19990105 ITEM INFORMATION: ITEM INFORMATION: FILED AS OF DATE: 19990108 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BMC SOFTWARE INC CENTRAL INDEX KEY: 0000835729 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 742126120 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 000-17136 FILM NUMBER: 99502783 BUSINESS ADDRESS: STREET 1: 2101 CITYWEST BLVD CITY: HOUSTON STATE: TX ZIP: 77042-2827 BUSINESS PHONE: 7139188800 MAIL ADDRESS: STREET 1: 2101 CITYWEST BLVD CITY: HOUSTON STATE: TX ZIP: 77042-2827 8-K 1 BMC SOFTWARE, INC. - DATED JANUARY 5, 1999 1 ================================================================================ 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): JANUARY 5, 1999 ------------------- BMC SOFTWARE, INC. (Exact name of registrant as specified in its charter) DELAWARE 0-17136 74-21226120 (State or other jurisdiction (Commission File Number) (I.R.S. Employer Identification No.) of incorporation or organization) 2101 CITY WEST BOULEVARD HOUSTON, TEXAS 77042-2827 (Address of principal executive offices) (Zip code)
Registrant's telephone number, including area code: (713) 918-8800 ================================================================================ 2 Item 5. Other Events. On January 5, 1999, BMC Software, Inc., a Delaware corporation ("BMC"), issued a press release addressing further developments in the ongoing litigation among Platinum technology, inc. ("Platinum"), Boole & Babbage, Inc. and BMC, a copy of which is attached hereto as Exhibit 99.1 and is incorporated herein by reference. Based on Platinum's press release issued on January 5, 1999, BMC understands that Platinum is now seeking damages of at least $30 million from Boole & Babbage for breach of contract and that Platinum has dropped all claims against BMC. Item 7. Financial Statements and Exhibits. (c) Exhibits. 99.1 Press Release of BMC Software, Inc. dated January 5, 1999. 3 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. BMC SOFTWARE, INC. Date: January 8, 1999 By: /s/ M. Brinkley Morse --------------------------------------------- Name: M. Brinkley Morse Title: Senior Vice President 4 EXHIBIT INDEX Exhibit Number Description ------ ----------- 99.1 Press Release of BMC Software, Inc. dated January 5, 1999.
EX-99.1 2 PRESS RELEASE 1 EXHIBIT 99.1 Company Press Release PLATINUM TECHNOLOGY INC. ABANDONS CLAIMS AGAINST BMC SOFTWARE INC. HOUSTON--(BUSINESS WIRE)--Jan. 5, 1999--BMC Software Inc. (Nasdaq:BMCS - - news) announced today that Platinum technology inc. has advised BMC Software that Platinum will abandon all claims against BMC Software in Platinum's lawsuit against BMC Software and Boole & Babbage Inc. The lawsuit is pending in Circuit Court of the Eighteenth Judicial Circuit Chancery Division, Dupage County, Wheaton, Ill. Platinum has also withdrawn its Complaint for Preliminary and Permanent Injunctive Relief, which sought to enjoin BMC Software and Boole & Babbage from proceeding with their merger and to obtain a new 120 day period during which Platinum could negotiate exclusively to acquire Boole & Babbage. Platinum has canceled the scheduled Jan. 6, 1999 hearing on Platinum's motion for an injunction. BMC Software understands that Platinum intends to amend its Complaint to seek only money damages from Boole & Babbage. Platinum recently filed under seal a motion for leave to amend its Complaint, and the Court has set a hearing for Jan. 22, 1999 on this motion. Boole & Babbage is filing a counterclaim against Platinum challenging its assertions. Company Background BMC Software Inc. is the leader in delivering Application Service Assurance (ASA(TM)) solutions -- enterprise- level software that supports and improves the availability, performance and recovery of critical applications and data in complex computing environments. BMC Software is the world's 12th largest independent software vendor, a Forbes 500 company and a member of the S&P 500, with revenues exceeding $730 million in fiscal 1998. The company is headquartered in Houston, Texas, with offices worldwide. For more information, please call 800/841-2031 or 713/918-8800 or visit BMC Software on the Web at www.bmc.com. To the extent there are any forward-looking statements in this release, they are necessarily subject to uncertainties based on various factors, including business conditions in BMC Software and Boole and Babbage's markets, product release cycles, and competitive conditions. Further information on potential factors which could affect the Companies' financial results are included in their current Forms 10-K and 10-Q reports, which are on file with the SEC. BMC Software, the BMC Software logo, and Boole and Babbage are registered trademarks or trademarks of BMC Software Inc. and Boole and Babbage Inc. in the USA and in other select countries. (TM) indicates USA registration or USA trademark. Other logos and product/trade names mentioned are registered trademarks or trademarks of their respective companies. BMC Software and Boole and Babbage are Equal Opportunity Employers. 2 Contact: BMC Software Inc., Houston Dan D'Armond, 713/918-2372 (Media Relations) dan_darmond@bmc.com or John Cox, 713/918-4291 (Investor Relations) john_cox@bmc.com
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