8-K 1 d8k.htm FORM 8-K 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): October 26, 2005

 


 

Mercury Interactive Corporation

(Exact name of registrant as specified in its charter)

 


 

Delaware   0-22350   77-0224776
(State or other jurisdiction of incorporation)   (Commission File No.)   (IRS Employer Identification No.)

 

379 North Whisman Road, Mountain View, California 94043

(Address of Principal Executive Offices)

 

(Registrant’s Telephone Number, Including Area Code)

(650) 603-5200

 

 

(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)

 

¨ Solicitation material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 241.14a-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 8.01. Other Events.

 

Mercury Interactive Corporation (the “Company”) (Nasdaq: MERQE) previously announced that it was soliciting consents from the holders of its $300 million aggregate principal amount of 4.75% Convertible Subordinated Notes due 2007 (the “2007 Notes”) and from the holders of its $500 million aggregate principal amount of Zero Coupon Senior Convertible Notes due 2008 (the “2008 Notes”). In each case, the Company was requesting a limited waiver of any default or event of default under the terms of the indentures governing such notes arising from its failure to file with the Securities and Exchange Commission and furnish to the holders of such notes, those reports required to be filed under the Securities Exchange Act of 1934 (the “Report Waiver”). Today, the Company announced, in the press release attached hereto as Exhibit 99.1, that, upon the expiration of the consent solicitation period, the holders of the requisite aggregate principal amount of the 2007 Notes and 2008 Notes had submitted consents to the Report Waiver.

 

Item 9.01. Financial Statements and Exhibits.

 

The following exhibit is furnished herewith:

 

99.1    Press release dated October 26, 2005

 

This exhibit is furnished with this Current Report on Form 8-K and is not deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section, and is not incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934, whether made before or after the date of this report and irrespective of any general incorporation language in such filing, except as shall be expressly set forth by specific reference in such filing.


SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Date: October 26, 2005   MERCURY INTERACTIVE CORPORATION
    By:  

/s/    Anthony Zingale


    Name:   Anthony Zingale
    Title:   President and Chief Operating Officer


EXHIBIT INDEX

 

Exhibit No.

 

Description


    The following exhibit is furnished herewith:
99.1   Press release dated October 26, 2005